United States v. Troy Lee Warner, United States of America v. Troy Lee Warner

BOWMAN, Circuit Judge.

Troy Lee Warner was convicted after a jury trial of conspiracy to possess with intent to distribute in excess of 100 kilograms of marijuana, 21 U.S.C. §§ 841(a)(1), 846 (1982); possession of marijuana with intent to distribute, 21 U.S.C. § 841(a)(1) (1982); and the use of a firearm during the commission of a drug trafficking offense, 18 U.S.C. § 924(c) (Supp. V 1987). Awaiting a ruling on the constitutionality of the United States Sentencing Guidelines, the District Court 1 sentenced Warner outside of the Guidelines to fifteen years of imprisonment, a $5,000 fine, and a…