United States v. Starks

COLLOTON, Circuit Judge.

Marvin Starks was convicted in 2004 of distribution of cocaine base, commonly known as “crack cocaine,” in violation of 21 U.S.C. § 841(a)(1). The district court, 2 applying the mandatory sentencing guidelines in effect prior to United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), sentenced Starks to a term of 151 months’ imprisonment. This sentence represented the bottom of the guideline range of 151 to 188 months that corresponded to a total offense level of 29 and a criminal history category VI under the guidelines. 3

In February 2008, Starks…