United States v. Gordon, No. 15-2395 (1st Cir. 2017)Annotate this Case
Appellant pleaded guilty to conspiracy to possess with intent to distribute and possession with intent to distribute more than twenty-eight grams of cocaine base. Appellant was sentenced to 132 months of imprisonment. On appeal, Appellant challenged his sentence, arguing that the district court improperly applied a two-level enhancement, which applies when “[t]he defendant committed [the relevant] offense as part of a pattern of criminal conduct engaged in as a livelihood.” The First Circuit affirmed Appellant’s sentence, holding that the district court was justified in concluding that the two prongs of the criminal livelihood enhancement were satisfied.