United States v. Donald R. Taplette, Sr.

E. GRADY JOLLY, Circuit Judge:

In this case we are asked to consider whether Donald R. Taplette, Sr. was improperly sentenced under the new sentencing guidelines enacted pursuant to 28 U.S. C. § 994(a). Finding that the conduct charged in three counts of his indictment, later dismissed pursuant to a plea agreement, was properly considered in determining his sentence, we affirm. 1

I

On February 5, 1988, a grand jury returned a four-count indictment against Ta-plette. Counts I, II and III charged him with knowingly, willfully and unlawfully distributing cocaine hypochloride, a Schedule II narcotic…