United States v. Cabbage, No. 22-3889 (6th Cir. 2024)
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In the case before the United States Court of Appeals for the Sixth Circuit, the defendant, Phillip Cabbage, was convicted for conspiracy and possession with intent to distribute a controlled substance. Cabbage had been orchestrating drug shipments from cartel suppliers to street-level dealers. During his sentencing, he initially objected to a three-level enhancement recommended by the probation officer on the grounds that he did not have control over another person. However, he later withdrew this objection and agreed to a two-level enhancement. Cabbage was sentenced to 210 months in prison, within the Guidelines range calculated with the two-level enhancement.
On appeal, Cabbage argued that the two-level enhancement should not have been applied, thereby challenging the procedural reasonableness of his sentence. The court held that because Cabbage had agreed to the enhancement and subsequently withdrew his objection to it, the doctrine of invited error applied. Cabbage had contributed to any mistake by agreeing to the role enhancement. The court emphasized that parties in an adversarial system bear the burden of proving facts and presenting their best case. Therefore, if a party agrees that a certain set of facts presents their best case, it is not a manifest injustice for a court to hold them to that agreement. The court concluded that factual errors agreed to by the defendant are not sufficiently grave to constitute manifest injustice. Therefore, the court affirmed the lower court's decision and held Cabbage to his agreement.
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