McIntee

MEMORANDUM **

Robert Steven Melntee appeals the sentence imposed following his guilty plea to one count of conspiracy to distribute a controlled substance ( 21 U.S.C. §§ 841 (b)(1)(A) and 846) and forfeiture ( 21 U.S.C. § 853 ).

Melntee contends that the district court violated the terms of his proffer agreement and U.S.S.G. § 1B1.8 by considering and relying on information obtained pursuant to Mclntee’s cooperation with the government. Melntee specifically contends that the district court used this information in applying a firearm enhancement under U.S.S.G. § 2D1.1, in not departing further downward under U.S.S.G. § 5K1.1, and in imposing a sentence at the high end of the applicable guideline range.

Mclntee’s contention regarding the firearm enhancement is incorrect. Although the district court disregarded a (non-binding) recommendation in the plea agreement against application of the firearm enhancement, the factual basis for the enhancement was a gun discovered by agents during a search of Mclntee’s residence, not information provided by Melntee in debriefing. To the extent that the district court considered covered information in not departing further downward or in…