United States v. Edward Kincaid

Kincaid appeals his sentence following a guilty plea. He argues that the district court erred in applying the Sentencing Guidelines to determine the appropriate sentence. The district court had jurisdiction pursuant to 28 U.S.C. § 1330 and we have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm in part and vacate and remand in part.

I

Kincaid was charged with 14 counts relating to participation in a cocaine distribution conspiracy. On January 6, 1989, Kin-caid pled guilty to two counts: distribution of more than 500 grams of cocaine on July 27, 1988, in violation of 21 U.S.C. § 841 (a)(1) and § 841(b)(1)(B) (Count 2); and money laundering on or about September 16, 1987, in violation of 18 U.S.C. § 1956 (a)(1)(A) (Count 3). On March 17, 1989, the district judge sentenced Kincaid to 78 months in prison and a $15,000 fine for Count 2, and imposed an identical concurrent prison term for Count 3. In determining the sentences, the district judge acted pursuant to the Sentencing Guidelines of the Sentencing Reform Act of 1984, 18 U.S.C. §§ 3551-3625 , 3673, 3742; 28 U.S.C. §§ 991-998 .

II

The offense charged in Count 2 occurred on July 27, 1988. The…