United States v. Blair

BENTON, Circuit Judge.

On February 2, 2006, Tina N. Blair was stopped by law enforcement, who found .09 grams of methamphetamine in her purse. A jury convicted her of possession of a controlled substance under 21 U.S.C. § 844(a). The district court sentenced her to three years probation. The government appeals the sentence as illegal. Having jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(b)(1), this court reverses.

Blair was previously convicted (in 1993) of conspiracy to distribute cocaine. With an offense level 4, and a criminal history category II, Blair’s guideline range for the…