United States v. Scott

SHEPHERD, Circuit Judge.

Cortell Scott pled guilty to knowingly possessing five grams or more of cocaine base (“crack”) with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). The district court 1 sentenced Scott to 70 months imprisonment, and Scott appeals, arguing the district court erred by denying his motion to continue sentencing and by ignoring relevant factors at sentencing. Scott also claims that the mandatory minimum sentence required by section 841(b)(1)(B)(iii) violates the Due Process Clause of the Fifth Amendment. We dismiss the appeal.

I

On December 19,…