US v. Gray, No. 08-3497
District court's sentencing of a defendant convicted of drug possession with intent to distribute and it's denial of defendant's motion to declare unconstitutional the statute establishing a mandatory minimum is affirmed where: 1) court did not commit plain error as it understood its authority to vary from the guidelines and the career offender guidelines; 2) the court did not impose a substantively unreasonable sentence; and 3) defendant lacked standing to challenge the constitutionality of 21 U.S.C. section 841(b)(1)(B)(iii).
Submitted: June 10, 2009
Filed: August 24, 2009
Opinion by Colloton, Circuit Judge