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U.S. v. ELI

No. 02-3102.

379 F.3d 1016 (2004)

UNITED STATES of America, Appellee, v. Alfred ELI, Begod, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 20, 2004.

Attorney(s) appearing for the Case

James M. Johnstone, appointed by the court, argued the cause and filed the briefs for appellant.

Valinda Jones, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and John R. Fisher and Mary A. Snow, Assistant U.S. Attorneys. Mary B. McCord, Assistant U.S. Attorney, entered an appearance.

Before: EDWARDS, GARLAND, and ROBERTS, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

Alfred Eli, who is serving a 121-month prison sentence, contends that his counsel was ineffective in failing to argue that the substance he distributed was not "crack cocaine," but rather a form of cocaine for which a lower sentence should have been imposed. Because we affirm the district court's finding that Eli did, in fact, distribute...

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