United States v. John Daniel Rafferty, AKA John Sullivan

John Daniel Rafferty appeals from his sentence imposed under the sentencing commission guidelines (“guidelines”) following his plea of guilty for possession and possession with intent to distribute twenty pounds of marijuana in violation of 21 U.S.C. §§ 841 (a)(1), 844(a) (1988). The district court imposed a $50,000 fine and a term of imprisonment six months greater than the maximum prescribed by the guidelines. We affirm in part, and vacate and remand in part.

FACTS AND PROCEEDINGS

John Rafferty was arrested on October 18, 1988, at the Honolulu International Airport for possession of twenty pounds of marijuana. Following his arrest, Rafferty provided false information to DEA agents regarding his identity, address, and telephone number in Honolulu, Hawaii. Raf-ferty was flying under the name of “John Sullivan” and had in his possession identification cards, bank cards, and credit cards in his own name and in the names of “John Harrington” and “John Sullivan.”

On October 19, 1988, Rafferty was charged in a two-count indictment. Count 1 charged Rafferty with possession with intent to distribute approximately twenty pounds of marijuana in violation of 21 U.S.C. § 841 (a)(1). Count…