Sentence for drug crimes is affirmed where: 1) the district court did not err in imposing consecutive prison terms under 18 U.S.C. sec. 924(c)(1)(A)(i) as the Whitley/Williams rule has no bearing on this case since the predicate drug crime underlying defendant's conviction does not dictate a mandatory minimum sentence; and 2) any error by the district court in calculating defendant's criminal history category was harmless.
Appeal from the United States District Court for the District of Delaware.
Argued August 6, 2009
Decided August 14, 2009
Before MCLAUGHLIN, CALABRESI, RAGGI, Circuit Judges.
Opinion by RAGGI, Circuit Judge.
For Appellee: MONICA J. RICHARDS, Assistant United States Attorney, Buffalo, NY.