United States v. Terrence Smith
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
HULL, Circuit Judge:
The government appeals the defendant Terrence Smith’s 120-month term of imprisonment imposed after Smith was found guilty by a jury of two drug offenses. Smith cross-appeals and maintains that the evidence at trial was insufficient to sustain his drug conspiracy conviction. After review and oral argument, we affirm Smith’s drug conspiracy conviction, but reverse his 120-month term of imprisonment because the district court erred in granting a downward departure. The district court stated that “[i]f it is determined that further downward adjustments are not permitted, the…
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