United States v. Lawrence, No. 09-3110 (D.C. Cir. 2011)
Annotate this CaseUpon remand to the court after affirming one of his convictions, the district court granted a variance from the U.S. Sentencing Guidelines range for career offenders and re-sentenced defendant for unlawfully distributing more than 5 grams of cocaine base. The court held that, although defendant correctly pointed out that the amount of cocaine base of which he stood convicted was 21.1 grams, not the 29.6 grams of cocaine base stated in the Presentence Report and adopted by the district court in re-sentencing him, both amounts fell within the same quantity range under U.S.S.G. 2D1.1(c)(7) and carried a maximum sentence of 40 years. Thus, defendant's Guidelines offense level would have been 34 regardless. The court also held that defendant could not show error, much less plain error, where the district court refused to consider the effect of pending legislation. The court further held that the district court did not plainly err, in violation of defendant's Fifth Amendment right against self-incrimination, by referencing at re-sentencing his failure to express remorse and accept responsibility. The court finally held that defendant's challenge to the reasonableness of his below-Guidelines re-sentencing failed to demonstrate that the district court abused its discretion in applying the career offender guideline provision. Accordingly, the court affirmed the amended judgment.
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