United States v. Derrek Kates

PER CURIAM: *

Derrek Steven Kates was convicted of conspiracy to distribute and possess with intent to distribute methamphetamine. The district court varied downwardly from the advisory guidelines range and sentenced Kates to 300 months of imprisonment and a four-year term of supervised release. He raises various challenges to his sentence.

Kates argues that the district court mistakenly did not apply a two-level enhancement under U.S.S.G. § 2D1.1(b)(5) and that this omission created an ambiguity regarding whether the district court actually intended to assess the enhancement. The record…