United States v. Kennedy, No. 12-3003 (D.C. Cir. 2013)
Annotate this CaseDefendant appealed his sentence and conviction under 18 U.S.C. 3582(c)(2) for trafficking crack cocaine, contending that the judge who sentenced him failed to determine the quantity of drugs he possessed. The court concluded that the district court's finding that the drug quantity contained in the presentence report (PSR) was implicitly adopted by the sentencing court was not clear error, and the decision to deny the section 3582(c)(2) motion was not an abuse of discretion. Defendant, who waited 20 years to raise this challenge, had the opportunity to challenge the facts contained in the PSR at sentencing, and he declined to do so. He also declined to raise the argument on direct appeal. Accordingly, the court affirmed the judgment of the district court.
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