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United States v. Haley

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Before KELLY, HOLLOWAY, and GORSUCH, Circuit Judges.

Defendant-Appellant Bobby Wayne Haley, Jr. was convicted by a jury of one count of conspiracy to distribute cocaine, 21 U.S.C. §§ 841(a)(1), (b)(1)(C); 846, and one count of distributing cocaine, 21 U.S.C. § 841(a)(1), (b)(1)(C). The district court sentenced him to 262 months’ imprisonment, the low-end of the applicable United States Sentencing Guidelines (“U.S.S.G.” or “Guidelines”) (2006) range, and 6 years’ supervised release. On appeal, Mr. Haley argues his sentence is unreasonable because his co-conspirator, whom he argues was more culpable, was sentenced to only 18 months. The discrepancy in the two sentences is largely due to the application of the career offender enhancement to Mr. Haley’s sentence. See U.S.S.G. § 4B1.1(b)(B). Our jurisdiction arises under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), and we affirm.

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