United States v. Andrew Johnson

OPINION

RALPH B. GUY, JR., Circuit Judge.

Defendant Andrew Johnson pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 280 grams or more of cocaine base. See 21 U.S.C. §§ 846 and 841(a)(1) and (b)(l)(A)(iii). Appealing his sentence, Johnson attacks the district court’s determination that his relevant conduct involved the distribution of nearly 4.5 kilograms of cocaine base as both clearly erroneous and a violation of his Sixth Amendment rights. For the reasons that follow, we affirm.

I

Johnson’s Rule 11 Plea Agreement provided that, with the dismissal…