United States v. James v. Atterberry

BRORBY, Circuit Judge. .

Mr. James Atterberry appeals his sentence, entered pursuant to a guilty plea, contending the district court erred in overruling his objections to the recommended sentence in his Presentence Investigation Report. We dismiss. 1

Mr. Atterberry pleaded guilty to one count (in a sixteen-count indictment) of conspiring to distribute cocaine and marijuana, in violation of -21 U.S.C. §§ 841(a), 841(b)(l)(A)(ii), 841(b)(l)(B)(vii), and 846. In return for his cooperation, the government moved for a downward sentencing departure pursuant to 18 U.S.C. § 3553(e) and U.S.S.G. §…