OPINION & ORDER REGARDING APPLICABILITY OF USSG § 2D1.1(b)(1)
SEAN F. COX, District Judge.
On June 26, 2009, Defendant Freddie Robert Seay ("Seay") entered a guilty plea to one count of possession with the intent to distribute 5 grams or more of cocaine base, in the form of "crack" cocaine, in violation of 21 U.S.C. § 841(a)(1). The parties dispute whether Mr. Seay's criminal offense level under the United States Sentencing Guidelines...
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