United States v. McCrimmon

PATRICK E. HIGGINBOTHAM, Circuit Judge:

I

On February 3, 2003 Darnell McCrim-mon, pursuant to a plea agreement, plead guilty and was convicted of conspiring to possess with the intent to distribute a mixture and substance containing cocaine base, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C) and 846. Acceding to the fact statement supporting the guilty plea, McCrimmon engaged in a transaction involving 287.3 grams of cocaine base.

The pre-sentence report (“PSR”) indicated an offense level 35 1 and a criminal history category I, resulting in a sentencing guideline range of 168-210 months…