United States v. David Stafford

ROSEN, D. J., delivered the opinion of the court, in which NORRIS, J., joined. CLAY, J. (pp. 479-84), delivered a separate concurring opinion.

*468OPINION

ROSEN, District Judge.

Defendant/Appellant David Stafford appeals his 188-month sentence for possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1), arguing that this sentence erroneously reflects an enhancement for “crack” cocaine. Yet, the substance in question was expressly and consistently referred to as crack cocaine both at the plea hearing and in the presen-tence investigation report, and Defendant never once…