United States v. Edward Shields

BOGUE, Senior District Judge.

Appellant Edward Shields was convicted, upon a guilty plea, of conspiracy to distribute and possession with intent to distribute more that 500 grams of cocaine. Shields appeals the district court’s sentence which included a two-level enhancement for possession of a firearm during the commission of a crime pursuant to U.S.S.G. § 201.1(b)(1). For the reasons cited herein, we reverse and remand.

BACKGROUND

Shields was originally charged with two drug related counts stemming from a grand jury’s three-count indictment. In count II he was charged with conspiracy to…