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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Criminal Law: Distribution of Methamphetamine-Criminal History Points-“Gathering Where Controlled Substances Are Unlawfully Used”

Criminal Law: Distribution of Methamphetamine-Criminal History Points-“Gathering Where Controlled Substances Are Unlawfully Used”

Defendant pleaded guilty to distribution of methamphetamine. His presentence report assessed two criminal history points, one for a drug-paraphernalia conviction and one for a serious misdemeanor conviction for “gathering where controlled substances [are] unlawfully used.” The district court rejected defendant’s argument that his gathering conviction was similar to disorderly conduct or loitering. Where defendant’s gathering conviction ...

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