U.S. v. ROLLINS

No. 03-5006.

378 F.3d 535 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Gary Burgess ROLLINS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed May 3, 2004.


Attorney(s) appearing for the Case

James E. Hibbard (briefed), London, KY, for Appellant.

Charles P. Wisdom, Jr., John Patrick Grant (briefed), Assistant United States Attorneys, Lexington, KY, for Appellee.

Before MOORE, SUTTON, and FRIEDMAN, Circuit Judges.


SUTTON, J., delivered the opinion of the court, in which FRIEDMAN, J., joined. MOORE, J. (pp. 540-541), delivered a separate dissenting opinion.

SUTTON, Circuit Judge.

Gary Burgess Rollins pleaded guilty to possession of less than 50 kilograms of marijuana with intent to distribute, a violation of 21 U.S.C. § 841(a)(1). At sentencing, this violation translated into a base offense level of twelve, which the district court reduced to ten in view of Rollins...

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