United States v. Norman E. Frisby

LYNCH, Circuit Judge.

As a result of three heroin transactions over several weeks in which Norman Fris-by sold 0.8 grams of heroin, he was sentenced (after his guilty plea) to 151 months, or more than 12 years imprisonment. The lengthy sentence resulted from the district court’s finding that Frisby was a career offender, based on at least two (in fact, five) prior state convictions for distribution of heroin. Frisby says he is a drug addict. If Frisby had not been a career offender, his sentencing range would have been 24 to 30 months, or roughly 10 years less.

Frisby appeals from his sentence,…