United States v. Robert David Linn, Jr.

Robert David Linn, Jr., appeals the 188-month sentence imposed following his plea of guilty to possession with intent to distribute methamphetamine and possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1). He argues that his classification as a career criminal under U.S.S.G. § 4B1.2(b) produced a sentencing range that over-represents his criminal history and, therefore, the district court’s failure to exercise its discretion to depart downward violates the tenets of 18 U.S.C. § 3553(a). Although Linn concedes that appellate courts traditionally have not been…