U.S. v. Winters

Dist. Ct. did not commit plain error in sentencing defendant to 65-month term of incarceration on drug conspiracy charge, even though govt. failed to recommend base offense level of 32, as required under plea agreement, and Dist. Ct. imposed sentence based on offense level of 37, after finding that defendant qualified as career offender. Defendant cannot establish plain error where defendant's attorney acknowledged at sentencing hearing that defendant qualified as career offender, and where proper sentencing guideline range was 37. Ct. further noted that defendant's sentence was reasonable where applicable guideline range was 262 to 327 months' incarceration.