Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 1:19-cr-00157—Paul Lewis Maloney, District Judge.
Argued: December 7, 2021
Decided and Filed: September 6, 2022
Before: CLAY, DONALD, and NALBANDIAN, Circuit Judges.
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OPINION
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CLAY, Circuit Judge. Brothers Trevon and Deonte Gates appeal their sentences
stemming from their involvement in a methamphetamine distribution network. On appeal,
Trevon challenges the 72-month sentence he received for pleading guilty to one count of
possession of a firearm in furtherance of a drug trafficking crime, 18 U.S.C. § 924(c)(1)(A)(i).
He claims the district court’s failure to calculate his Sentencing Guidelines was procedural error.
Likewise, Deonte challenges the 110-month sentence he received for pleading guilty to one
count of possession with intent to distribute methamphetamine, 21 U.S.C. §§ 846, 841(a)(1),
841(b)(1)(B)(viii). Deonte claims the district court improperly considered juvenile conduct
when calculating his Sentencing Guidelines range. For the reasons set forth below, we
VACATE Trevon’s sentence and REMAND for resentencing, and AFFIRM Deonte’s sentence. |