United States v. Victor Charles Reed

Appellant Reed pleaded guilty to one felony count of possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1) (1988). A second count of conspiracy to distribute cocaine was dropped by the United States. Initially appellant was not sentenced under the Sentencing Guidelines, but subsequent to Mistretta v. United States, 488 U.S. 361 , 109 S.Ct. 647 , 102 L.Ed.2d 714 (1989), he was resentenced to 97 months in prison and a five-year term of supervised release. In this appeal he challenges his sentences on four grounds. We affirm.

I.

FACTS AND PROCEEDINGS BELOW

The district court, in sentencing Reed to 97 months in prison and a five-year term of supervised release, set the base offense level at 28, adjusted up two levels because of Reed’s leadership role in the offense, Guidelines § 3Bl.l(c), and adjusted down two levels for Reed’s acceptance of responsibility, Guidelines § 3E1.1. Reed requested a downward departure under Guidelines § 5K2.0 because of his unstable family history and family responsibilities. The court declined the request. Based upon an offense level of 28 and criminal history category of I, the sentencing range spanned from 78 to 97…