U.S. v. Webster

Ct. of Appeals dismissed defendant's appeal after appointed counsel raised issue that challenged Dist. Ct.'s enhancement of sentence that resulted in, among other things, imposition of 6-year term of supervised release on drug distribution charge where enhancement was based on separate conviction for felony drug offense. While defendant argued that enhancement was improper under 21 USC section 841(b)(1)(C) since he had not pleaded guilty to separate offense until 11-months after he had committed instant charged offense, record showed that defendant had not raised issue in Dist. Ct., and defendant could not show that any error undermined fairness of sentencing hearing where Dist. Ct. could have imposed 6-year term of supervised release with or without consideration of separate conviction.