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U.S. v. PILLOW

No. 98-4516.

191 F.3d 403 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Patrick Lee PILLOW, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: September 7, 1999.

Attorney(s) appearing for the Case

ARGUED: Hunt Lee Charach, Federal Public Defender, Charleston, West Virginia, for Appellant. Miller Allison Bushong, III, Assistant United States Attorney, Charleston, West Virginia, for Appellee. ON BRIEF: George H. Lancaster, Jr., Assistant Federal Public Defender, Charleston, West Virginia, for Appellant. Rebecca A. Betts, United States Attorney, Charleston, West Virginia, for Appellee.

Before LUTTIG and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

OPINION

WILLIAMS, Circuit Judge:

Patrick Lee Pillow was convicted of, among other things, conspiracy to possess with intent to distribute methamphetamine. See 21 U.S.C.A. § 846 (West Supp.1999). Although Pillow's guideline range was 188-235 months, see U.S. Sentencing Guidelines Manual Ch.5, Pt.A (1998), he was subject to a statutorily required minimum sentence of 240 months, see 21 U.S.C.A. § 851 (West 1981). Because the statutorily...

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