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U.S. v. JOHNSON

No. 00-4414.

246 F.3d 330 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Elliot JOHNSON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 3, 2001.

Attorney(s) appearing for the Case

ARGUED: Barry Lynn Proctor, Abingdon, Virginia, for Appellant.

Eric Matthew Hurt, Assistant United States Attorney, Abingdon, Virginia, for Appellee.

ON BRIEF: Robert P. Crouch, Jr., United States Attorney, Abingdon, Virginia, for Appellee.

Before WIDENER and LUTTIG, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by published opinion. Senior Judge Hamilton wrote the opinion, in which Judge Widener and Judge Luttig joined.

OPINION

HAMILTON, Senior Circuit Judge:

Following a jury trial, Elliot Johnson (Johnson) was convicted of possession of cocaine base (crack) with intent to distribute and distribution of crack within 1,000 feet of a public school, 21 U.S.C. § 841(a)(1) and 860(a). After concluding that Johnson was a career offender pursuant...

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