United States v. Melroy Johnson, Sr.

WOLLMAN, Circuit Judge.

Melroy Johnson, Sr., appeals from the sentences imposed on him following his conviction on one count of distribution of cocaine base and on two counts of possession with intent to distribute cocaine base, violations of 21 U.S.C. § 841(a)(1). We vacate the sentences and remand for re-sentencing.

By way of background to the present appeal, Johnson was initially sentenced to concurrent sentences of 175 months’ imprisonment on each count. These sentences reflected the five-year downward departure from the United States Sentencing Guidelines (Guidelines) range of 235 to 293…