United States v. Jackson
Opinion of the Court
MEMORANDUM
Lemuel Jackson appeals his resentencing, following remand from this court, for his conviction, pursuant to a guilty plea, for possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. The district court imposed a two-level increase in Jackson’s base offense level under USSG § 2Dl.l(b)(l) for possession of a dangerous weapon during a drug offense. Jackson contends that the court’s application of the two-level increase to him, and its failure to apply the same enhancement to his co-defendant, has created an impermissible sentencing disparity.
Disparity in sentencing among co-defendants is not a ground for appealing a sentence under the Guidelines. United States v. Carpenter, 914 F.2d 1131, 1135-36 (9th Cir. 1990). To be entitled to
AFFIRMED.
. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- United States v. Lemuel Fezell JACKSON
- Status
- Published