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Career Offender Enhancement

Aug 5, 2019

Criminal Law: Possession with Intent to Distribute-Prior Felony Convictions-Career-Offender Enhancement

Defendant pleaded guilty to possession with intent to distribute, pursuant to a written plea agreement that contained an appeal waiver. The district court concluded that defendant had two prior felony convictions subjecting him to the career-offender enhancement and sentenced him within the enhanced guidelines range. Where defendant’s prior controlled substance convictions were separated by an [[...]

Aug 5, 2019

Criminal Law: Distribution of Cocaine Base Mixtures-Career Offender Enhancement-Crime of Violence

Defendant pleaded guilty to three controlled-substance offenses. The district court found that defendant’s two prior felony convictions in Minnesota for simple robbery qualified as crimes of violence and accordingly applied the career-offender enhancement. Where the court previously rejected the argument that the Minnesota simple robbery statute did not require force to be used in “taking” [[...]

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