United States v. Jerry Wayne Matheny, Jr.

OPINION

ROGERS, Circuit Judge.

This case concerns (1) whether defendant Jerry Matheny received adequate notice, pursuant to Federal Rule of Criminal Procedure 32(h), of specific grounds for an upward departure from the advisory guidelines recommended range, (2) whether the sentence imposed was reasonable, and (3) whether the district court’s consideration of Matheny’s prior arrest requires reversal under plain error review. Mathe-ny pled guilty to being a felon in possession of a firearm, distributing marijuana, and possessing dihydrocodeinone with the intent to distribute. The district court…