United States v. Shull

OPINION & ORDER

ALGENON L. MARBLEY, District Judge.

I. INTRODUCTION

This matter is before the Court on Defendant Robert Shull’s resentencing. A jury found Shull guilty on a two-count indictment. Count One was conspiracy to possess with intent to distribute over 50 grams of cocaine base in violation of 21 U.S.C. § 846, and Count Two was possession with intent to distribute more than 50 grams of cocaine base in violation of 21 U.S.C. § 841(a)(1) and (b)(l)(A)(iii). Shull appealed. The Court of Appeals reversed his conviction on Count One, and affirmed his conviction on Count Two.

II. BACKGROUND

A.…