United States v. Mickey Turner, United States of America v. Kenneth Raven Beler, United States of America v. Anthony Lee Smith

Mickey Turner, Kenneth Beler, and Anthony Smith, co-defendants below, appeal from their sentences for convictions, following guilty pleas, on separate drug trafficking charges. Appellants challenge, among other things, the district court’s calculations of their offense levels under the sentencing guidelines and the court’s treatment of certain objections to their presen-tence investigation reports. We affirm Turner and Smith’s sentences, but remand Turner’s sentence for compliance with Fed. R.Crim.P. 32(c)(3)(D). We vacate Beler’s sentence and remand for resentencing.

I. BACKGROUND

On October 6, 1988, a federal grand jury returned a ten-count indictment against Mickey Turner, Kenneth Beler, Anthony Smith, and seven others. The indictment charged the defendants with one count of conspiring to distribute cocaine, seven counts of distributing cocaine, one count of possessing cocaine with intent to distribute, and one count of knowingly using a firearm during and in relation to the charged conspiracy. Turner, Beler, Smith, and a co-defendant pleaded guilty to separate counts; the other co-defendants proceeded to trial. Trial testimony revealed that appellants, who moved to…