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U.S. v. DAVENPORT

No. 88-5661.

884 F.2d 121 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Randolph Edgar DAVENPORT, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 28, 1989.

Attorney(s) appearing for the Case

Steven Norris Askin (Askin, Pill, Scales & Burke, L.C. on brief), for defendant-appellant.

Thomas Oliver Mucklow, Asst. U.S. Atty. (William A. Kolibash, U.S. Atty., on brief), for plaintiff-appellee.

Before ERVIN, Chief Circuit Judge, CHAPMAN, Circuit Judge, and KAUFMAN, Senior United States District Judge for the District of Maryland, sitting by designation.

CHAPMAN, Circuit Judge:

Randolph Davenport entered a plea of guilty to one count of a ten count indictment. His plea was to Count 8, which charged violation of 21 U.S.C. 841(a)(1) and 845a(a), by distributing 0.9 grams of "crack" within 1,000 feet of the real property comprising a public elementary school. This violation occurred on March 17, 1988, and the district court applied the Sentencing Guidelines in setting an appropriate sentence. In determining the sentence...

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