Defendant's drug distribution sentence is affirmed where: 1) it was not error for the district court to consider whether a particular sentence would be reversed on appeal; and 2) because defendant was sentenced as a career offender under U.S.S.G. section 4B1.1, his offense level was determined by the statutory maximum penalty for the offense of conviction, not by section 2D1.1 and its crack-powder ratio.
Appellate Information
Submitted: June 11, 2009
Filed: October 20, 2009
Judges
Opinion by Judge Colloton
