Taylor
United States v. Taylor
Opinion
Lead Opinion
MEMORANDUM *
Norman Eric Taylor appeals his sentence of 135 months imposed after he pled guilty to distribution of cocaine and money laundering. 1 On appeal, Taylor challenges his sentence on three grounds: (1) that the district judge erroneously found that Taylor distributed one kilogram of cocaine in addition to the two grams of cocaine base; (2) that the court erroneously enhanced Taylor’s sentence for obstruction of justice; and (3) that the district judge erroneously refused to downward depart based on Taylor’s acceptance of responsibility.
Following our disposition affirming his sentence, United States v. Taylor, 101 Fed. Appx. 207 , 2004 WL 1277045 (9th Cir. June 9, 2004), Taylor filed a petition for rehearing en banc arguing that his sentence should be set aside under Blakely v. Washington, — U.S. —, 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004). Taylor contends that his sentence is impermissible under the Sixth Amendment because the drug quantity, as well as the facts underlying the obstruction of justice enhancement, were found by the district judge and his sentence exceeded the sentence permissible based on the facts he admitted.