United States v. Shivers

Sean Christopher Shivers appeals the fifty-one-month sentence he received after his guilty plea to aiding and abetting distribution of a quantity of cocaine base (crack), 21 U.S.C. § 841 (2000). Shivers raises two issues on appeal: (1) whether the district court clearly erred in denying him an adjustment for acceptance of responsibility because he was charged with domestic battery while awaiting sentencing, U.S. Sentencing Guidelines Manual § 3E1.1 (2003), and (2) whether, under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), the district court’s determination of…