United States First Circuit

Defendant's drug conviction and enhanced sentence for being a career criminal based on a prior state drug-distribution conviction are affirmed over his challenge the his prior conviction should not have been counted as a prior felony conviction under U.S.S.G. section 4B1.1.

Appellate Information

• Decided 09/29/2004
• Published 09/29/2004

Judges

• PER CURIAM., Before BOUDIN, Chief Judge, TORRUELLA and DYK, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• J. Thomas Kerner, by appointment of the court, on supplemental brief for appellant.


• For Appellees:
  
• Virginia M. Vander Jagt, Assistant United States Attorney, Appeals Unit, and Michael J. Sullivan, United States Attorney, on supplemental brief for appellee.