United States v. Sammy Lee Smith

RYAN, Circuit Judge.

This appéal presents a narrow question concerning application of the federal sentencing guidelines: whether in determining the sentencing range for a drug conviction based on criminal acts, committed between November 1,1987, the effective date of the sentencing guidelines, and January 15, 1988, the effective date of amendments to the guidelines, the district court should have considered drug quantities charged in a count dismissed under a plea agreement. We conclude that the district court erred in refusing to consider such drug quantities, and we reverse and remand for…