United States v. Kenneth Lamont Paulk

59 F.3d 177 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Lamont PAULK, Defendant-Appellant. No. 94-50085. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 9, 1995. Decided June 19, 1995. 1 Before: FLETCHER, WIGGINS, and FERNANDEZ, Circuit Judges 2 MEMORANDUM * 3 Kenneth Lamont Paulk appeals his sentence for possessing with the intent to distribute cocaine base ("crack"). We have jurisdiction, and we affirm. FACTS 4 Pursuant to an agreement with the government, Paulk pled guilty to both counts of a two-count indictment charging him with possessing with intent to distribute approximately 255.59 grams of crack in violation of 21 U.S.C. Sec. 841 (a)(1) and carrying a firearm in relation to a narcotics offense in violation of 18 U.S.C. Sec. 924 (c). Because Paulk had a prior state felony drug conviction, 21 U.S.C. Sec. 841 (b)(1) called for a mandatory minimum sentence of twenty years in prison…