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Criminal Law: Conspiracy to Distribute Heroin-Career-Offender Determination-Below-Guidelines Sentence
Staff Report//December 2, 2019//
Defendant pleaded guilty to conspiracy to distribute heroin. The district court sentenced defendant as a career offender to a below-guidelines sentence. On appeal, defendant challenged the imposition of a career-offender designation, arguing that his prior Iowa conviction for possession with intent to deliver was not a controlled-substance offense because the Iowa statute was divisible and broader than the generic definition.
Where the court previously had held that the Iowa statute categorically fit within the generic federal definition of a controlled-substance offense, the district court correctly applied the career-offender designation.
Judgment is affirmed.
U.S. v. Chapman (MLW No. 74189/Case No. 18-3631 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Southern District of Iowa, Jarvey, J.
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