United States v. Stephen Louis O'Brien
Opinion
Opinion
Thompson, J.
Stephen Louis O’Brien pleaded guilty to a single-count information charging him with conspiracy to distribute cocaine and marijuana, in violation of 21 U.S.C. § 846 . O’Brien had two prior felony drug convictions. He was sentenced to twenty years in prison. In this appeal, he challenges only his sentence. He argues the district court erred by enhancing his sentence pursuant to 21 U.S.C. § 841 (b)(l)(A)(ii)(II).
We have jurisdiction under 28 U.S.C. § 1291 and we affirm.
I
Because O’Brien had two prior felony drug convictions, and conspired to distribute more than 5 kilograms of cocaine, 21 U.S.C. § 841 (b)(l)(A)(ii)(II) mandated a term of life imprisonment. The government, however, moved for a downward departure under USSG § 5K1.1, due to O’Brien’s substantial cooperation. Pursuant to that motion, the district court departed downward and sentenced O’Brien to twenty years in prison.
O’Brien appeals his 20-year prison sentence. He argues the district court should not have started its downward departure from the statutory enhancement of life imprisonment, but should have started that downward departure from his sentence com-, puted according to the range set by the guidelines.…