United States of America, Cross-Appellant/appellee v. Ivy Nelson Fountain, Appellant/cross-Appellee

BEAM, Circuit Judge.

Ivy Nelson Fountain appeals his conviction for two counts of knowingly distributing cocaine base within 1000 feet of a school in violation of 21 U.S.C. §§ 841(a)(1) and 860(a). The government cross appeals Fountain’s sentence, challenging the district court’s application of Amendment 506 to the United States Sentencing Guidelines (USSG or Guidelines) section 4B1.1 in connection with Fountain’s sentencing as a “career offender.” The government contends that the Sentencing Commission exceeded its authority in enacting the amendment which now defines the phrase “Offense…