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U.S. v. BARNETTE

No. 04-4436.

427 F.3d 259 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Antroyne J. BARNETTE, a/k/a Black, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 21, 2005.

Attorney(s) appearing for the Case

ARGUED: John Herman Hare, Assistant Federal Public Defender, Office of the Federal Public Defender, Columbia, South Carolina, for Appellant. Marshall Prince, Assistant United States Attorney, Office of the United States Attorney, Columbia, South Carolina, for Appellee. ON BRIEF: J. Strom Thurmond, Jr., Smith, Massey, Brodie & Thurmond, P.A., Aiken, South Carolina, for Appellee.

Before MICHAEL, MOTZ, and KING, Circuit Judges.

Affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Judge MOTZ and Judge KING joined.

MICHAEL, Circuit Judge.

Antroyne J. Barnette appeals his sentence for drug and firearms offenses. Barnette contends that the district court impermissibly reduced the degree of its downward departure under § 5K1.1 of the U.S. Sentencing Guidelines (U.S.S.G.) based on the possibility of a future sentence reduction under Fed.R.Crim.P. 35(b) if Barnette...

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