U.S. v. Williams

RONEY, Senior Circuit Judge: Richard Williams was convicted on both counts of a two count indictment for knowingly conspiring to possess with the intent to distribute marijuana and attempted possession with the intent to distribute marijuana in violation of 21 U.S.C. §§ 841 and 846. William Scott Hames was convicted on the second count only. Both defendants appeal their convictions. Hames appeals his sentence as outside the Guidelines and in contravention of the Guideline's statutory mandate. The Government cross-appeals the district court's failure to consider Williams' prior conviction in sentencing. We affirm both convictions and Hames' sentence, and vacate and remand Williams' sentence.