United States v. Roger Franklin Cothran

HILL, Senior Circuit Judge:

Appellant Roger Franklin Cothran appeals the sentence imposed by the district court pursuant to his post-conviction motion for modification of sentence under 18 U.S.C. § 3582(e)(2) predicated on a retroactive amendment to the federal sentencing guidelines. We affirm.

I

Cothran was convicted in a jury trial of possessing marijuana with intent to distribute, manufacturing marijuana, and conspiracy. See 21 U.S.C. §§ 841(a)(1) and 846; 18 U.S.C. § 2. Cothran’s Presentence Investigation Report (PSI) attributed 206 marijuana plants to him. 1 He did not contest the amount.…