U.S. v. Whitlow

Dist. Ct. did not err in sentencing defendant to 170-month term of incarceration on drug distribution charge, after Ct. of Appeals had vacated original 262-month term of incarceration due to fact that Dist. Ct. had originally failed to sentence defendant based on Fair Sentencing Act of 2010. While defendant argued that Dist. Ct. had failed on remand to consider his two principal arguments in mitigation regarding alleged inapplicability of career offender guideline, as well as alleged inapplicability of instant full guideline sentence, Dist. Ct. actually carefully considered and rejected both arguments. However, limited remand was required to determine whether defendant’s sentence should be adjusted to account for eight months defendant was held in pretrial custody that Bureau of Prisons declined to give defendant credit.