Watts
United States v. Watts
Opinion
Opinion
Shubb, J.
MEMORANDUM AND ORDER
Watts moves the court to vacate, set aside or correct his sentence under 28 U.S.C. § 2255 , He contends trial counsel rendered constitutionally ineffective assistance at sentencing by failing to argue a distinction in the applicable Sentencing Guidelines between “crack” cocaine and other forms of cocaine. For the reasons discussed below, the court denies the motion.
BACKGROUND
In January of 1993, Watts was arrested for drug trafficking. He was subsequently charged in a two-count indictment with violating 21 U.S.C. § 841 (a)(1) — Possession with Intent to Manufacture or Dispense 559.58 Grams of Cocaine Base; and with violating 18 U.S.C. § 924 (c) — Using and Carrying a Firearm During and In Relation to a Drug Trafficking Offense. In December of that same year, a jury found Watts guilty of the drug charge, and not guilty of the firearm charge. Subsequently the court sentenced him to 262 months in prison and 60 months of supervised release.
Watts was sentenced under the Sentencing Guidelines effective November 1, 1993. That version of the guidelines included an amended definition of “cocaine base”:
U.S.S.G. § 2Dl.l(c). The Sentencing Commission added the…