United States v. Andre Franklin

MEMORANDUM **

Defendant Andre Franklin appeals his 60-month sentence following a guilty plea to distributing cocaine base in the form of crack cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B)(iii). Franklin argues that the district court erred by not recognizing that it could adjust the five-year mandatory minimum sentence prescribed by § 841(b)(1)(B) to account for the 18 months he served in state custody for related conduct. His guilty plea in this case, however, was entered pursuant to a plea agreement with the Government which contained a waiver of Franklin’s right to…