United States v. Howard, No. 13-4296 (4th Cir. 2014)Annotate this Case
Defendant was convicted of one count of conspiracy to distribute and possess with intent to distribute a controlled substance (PCP), nine counts of distribution of PCP, and one count of possession of a firearm in furtherance of a drug trafficking offense. (appeal No. 13-14296). In appeal No. 4299, the district court imposed a consecutive sentence of 60 months for violation of supervised release arising from the convictions in No. 13-4296. Defendant appealed from both judgments but abandoned his appeal of the revocation sentence in No. 13-14299. The court concluded that there was sufficient evidence to support each of defendant's convictions, but his sentence was substantively unreasonable where the court failed to see how the life-plus-60-months sentence reasonably reflects the seriousness of the offense or just punishment. Accordingly, the court affirmed the convictions and vacated the sentence, remanding for resentencing.