United States v. McPhee

MARCUS, Circuit Judge:

Rodcliffe Hugh McPhee (“McPhee”) appeals his 57-month sentence imposed upon his conviction for conspiracy to possess with intent to distribute 100 kilograms or more of marijuana, while on board a vessel subject to the jurisdiction of the United States, in violation of the Maritime Drug Law Enforcement Act (“MDLEA”), 46 U.S.C. app. § 1903(j). McPhee entered a conditional plea of guilty to Count One of a two-count indictment, expressly reserving the right to appeal the district court’s denial of his motion to dismiss the indictment under Fed.R.Crim.P. 11(a)(2). 1 On…