U.S. v. SUMRALL

No. 11-1753.

690 F.3d 42 (2012)

UNITED STATES of America, Appellee, v. Tony SUMRALL, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 17, 2012.


Attorney(s) appearing for the Case

J. Hilary Billings , Assistant Federal Defender, on brief for appellant.

Margaret D. McGaughey , Assistant United States Attorney, and Thomas E. Delahanty II , United States Attorney, on brief for appellee.

Before THOMPSON, SELYA and DYK, Circuit Judges.


SELYA, Circuit Judge.

This appeal invites us to repastinate soil already well plowed. We decline the invitation.

The relevant facts are straightforward. Defendant-appellant Tony Sumrall pleaded guilty to possession with intent to distribute over five grams of cocaine base. See 21 U.S.C. § 841(a)(1), (b)(1)(B). At the disposition hearing, the government sought to invoke the career offender guideline, USSG § 4B1.1(a). That guideline applies...

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