United States v. Darryl Livingston, AKA Curtis Edwards

McMILLIAN, Circuit Judge.

Darryl Livingston appeals the 120-month statutory minimum sentence imposed by the district court 1 following his guilty plea to conspiring to distribute phencyclidine (PCP) and money-laundering. For reversal, Livingston argues that the district court erred in concluding it lacked authority to depart below the statutory minimum sentence without a government motion under 18 U.S.C. § 3553(e) specifically requesting such a departure. For the reasons set forth below, we affirm.

A grand jury returned an indictment charging Livingston with conspiring to distribute PCP, using…