United States v. Gaines

OPINION

RONALD LEE GILMAN, Circuit Judge.

In 2002, a jury convicted Donaze Gaines on one count of possession with intent to distribute 9.55 grams of crack cocaine and on one count of being a felon in possession of a firearm. The district court sentenced him to 327 months of imprisonment. Gaines’s conviction was affirmed on appeal, but his case was remanded for resentencing in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). The district court resentenced Gaines to 300 months of imprisonment. He has appealed once again. For the reasons discussed below, we…