Ingham

Dennis Evans Ingham entered a plea of guilty on one count of conspiracy to distribute marijuana under 21 U.S.C. §§ 841 and 848. In light of a four-point increase in the offense level for Ingham’s aggravating role as organizer/leader under section 3Bl.l(a) of the United States Sentencing Guidelines (“the Guidelines”), the district court imposed a 100-month sentence, which was three months more than the top of the calculated guideline range due to Ingham’s extensive criminal history. Ing-ham argues that the district court did not reconcile his objection under Federal Rule of Criminal Procedure 32(f)(3) that only a two-point increase in the offense level was proper because the district court did not explicitly address the question of whether Ingham exercised control over his fellow co-conspirators. Ingham also argues that the Presentence Report (“PSR”) that recommended the four-point enhancement in the offense level included unreliable hearsay. Ingham argues additionally that, under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005); Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004); and Apprendi v. New Jersey, 530 U.S. 466 ,…