United States v. Archie Kelly
Court of Appeals for the Fifth Circuit
1Per curiam
BACKGROUND:
Archie Kelly pleaded guilty to possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841(a)(1). In the plea agreement, Kelly agreed to waive his right to appeal his sentence unless the district court departed upward. The plea agreement did not contain any agreement as to the length of the sentence he would receive.
The probation office calculated his guideline sentencing range based on a criminal history category of VI. Presentence report (PSR) 111132-33. Combined with a base offense level of 28, this gave Kelly a guidelines sentencing range of 140-175 months…
2Cases cited7 opinions
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