United States v. Smith

SUMMARY ORDER

Defendant James Smith stands convicted based on his guilty plea to conspiracy to commit Hobbs Act robbery (“Count One”), see 18 U.S.C. § 1951; conspiracy to traffic in five kilograms or more of cocaine (“Count Two”), see 21 U.S.C. §§ 841(b)(1)(A), 846; and discharging a firearm during one of the aforesaid crimes, resulting in death, see 18 U.-S.C. § 924(j) (“Count Three”). On this appeal, he challenges only his 34-year prison sentence.

Specifically, Smith argues that the 24-year prison term pronounced on Count One is unlawful because it exceeds the statutory maximum penalty of 20…