United States v. Fairley

OPINION

DOWD, Senior District Judge.

Defendant-Appellant (hereafter “defendant”) entered a plea of guilty to Count I in the superseding indictment which charged him with conspiracy to possess with intent to distribute crack cocaine in violation of 21 U.S.C. §§ 846 and 841(a)(1). The conspiracy count alleged that “during the course of this conspiracy, over fifteen (15) kilograms of cocaine base, also known as crack cocaine, were distributed.” The plea agreement, however, limited the type of cocaine to powder. Defendant also entered pleas of guilty to Counts VII and VIII charging substantive…