United States V. Draper

Appellant Draper was convicted by a jury of aiding and abetting codefendant William Conard in the possession with intent to distribute cocaine, a schedule II controlled substance, in violation of 21 U.S.C. § 841 (a)(1). He was acquitted of the second count of the indictment, which charged the commission of a drug trafficking crime while armed, in violation of 18 U.S.C. § 924(c). Draper was later sentenced to a term of forty-two months of incarceration and three years of supervised release, which District Judge Julia Gibbons found appropriate both under the then new Sentencing Guidelines Act, 28 U.S.C. § 994, being within the Guideline range, as well as appropriate in the exercise of her pre-Guideline discretion.