United States v. Jasper Fulton

Jasper Fulton appeals his 100-month sentence for distribution of cocaine base, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C). On appeal, Fulton argues that the district court procedurally erred by applying a career-offender-adjusted base offense level of 32, pursuant to Sentencing Guideline § 4Bl.l(b)(3). He argues that, because it is ambiguous whether Congress intended for that enhancement to apply here, the rule of lenity requires us to hold that the district court should have applied a base offense level of 29, pursuant to USSG § 4B1.1(b)(4). Beyond that, Fulton argues that the…