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U.S. v. BRISBANE

No. 03-3057.

367 F.3d 910 (2004)

UNITED STATES of America, Appellee, v. George BRISBANE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 11, 2004.

Attorney(s) appearing for the Case

Adam H. Kurland, appointed by the court, argued the cause and filed the briefs for appellant.

John P. Mannarino, Assistant U.S. Attorney, argued the cause for appellee. On the briefs were Roscoe C. Howard, Jr., U.S. Attorney, and John R. Fisher, Barbara J. Valliere, and Mary B. McCord, Assistant U.S. Attorneys.

Before: SENTELLE, RANDOLPH, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

This appeal from a criminal conviction exposes a problem in the provisions setting penalties for cocaine offenses. A jury found George Brisbane guilty of distributing five or more grams of " cocaine base," in violation of 21 U.S.C. § 841. Because of Brisbane's status as a career offender, the district court sentenced him to 360 months...

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