United States v. James E. Jackson

WILLIAMS, Circuit Judge.

James Jackson pled 'guilty to conspiracy to distribute and possess with intent to distribute cocaine, and he was sentenced to 121 months’ custody. Jackson now appeals and brings statutory and constitutional challenges to his sentence. We find that the district court incorrectly calculated Jackson’s sentence by failing to cap his offense level at 30, as required by U.S.S.G. § 2D1.1(a)(3) (2002), and we remand this case back to the district court for resen-tencing. In light of this remand, we need not address Jackson’s arguments under United States v. Booker, — U.S. -,…