United States v. Bobbi L. Brand

WIDENER, Circuit Judge:

The government appeals the sentence imposed on Bobbi L. Brand, contending that the district court erred in departing downward from the applicable sentencing guidelines range. We vacate the sentence imposed and remand for resentencing in a manner not inconsistent with this opinion.

Bobbi L. Brand pleaded guilty to a one-count indictment that charged her with distributing two grams of cocaine in violation of 21 U.S.C. § 841(a)(1). Because the offense was committed after November 1, 1987, Mrs. Brand’s sentence was governed by the Sentencing Reform Act of 1984, 18 U.S.C. §§…