Defendant's drug and firearm convictions and sentence are affirmed where: 1) a rational jury could have found beyond a reasonable doubt that defendant exercised dominion and control over the drugs and firearm found in his apartment; and 2) 18 U.S.C. section 994(h) does not require a district court to remain within the Guidelines range in crack cocaine matters.
Argued: March 9, 2009
Decided and Filed: August 11, 2009
Opinion by Judge Kethledge
Sean C. Maltbie, Assistant United States Attorney, Grand Rapids, MI