United States v. Robertson

BATCHELDER, Circuit Judge.

Defendant Keith Floyd (“Floyd”) was convicted by a jury of conspiracy to possess with intent to distribute cocaine, in violation of 21 U.S.C. § 846. He argues that the district court erred by finding that there was sufficient evidence to convict him; that the sentence he received violated Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000); that the court erred by failing to credit him with 48 months of imprisonment under USSG § 5G1.3(b); and that the court erred by refusing to grant him a three-level reduction under USSG § 3El.l(b). Finding…