United States v. Lesester D. McDougherty AKA Lester Johnson

Lesester McDougherty appeals his conviction and sentence for distribution of a controlled substance within 1000 feet of an elementary school in violation of 21 U.S.C. §§ 841 (a)(1) and 845a, and his conviction and sentence for aiding and abetting possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 18 U.S.C. § 3742 (a) and we affirm.

DISCUSSION

McDougherty’s conviction arose from his sale of two pieces of cocaine base to an undercover police officer in a park approximately 690 feet from an elementary school. McDougherty was sentenced to a prison term of 262 months, followed by six years of supervised release. He argues that the district court erred in denying his motion to dismiss the indictment under 21 U.S.C. § 845a on various constitutional grounds. In addition, McDougherty claims that he was improperly classified as a career offender, that the government failed to comply with the procedures of 21 U.S.C. § 851 in enhancing his sentence, that the district court’s use of the Presentence Report violated due process, and that his sentence violates the eighth amendment.…