United States Third Circuit

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US v. Calabretta, 14-3969

Sentence for guilty plea to conspiracy to distribute and possess with the intent to distribute marijuana, 21 U.S.C. section 841(a)(1), 841(b)(1)(B) and 846, and conspiracy to launder the proceeds of drug trafficking activity, 18 U.S.C. section 1956(a)(1)(A)(i) and 1956(h), is vacated where, in light of Johnson v. US, 135 S. Ct. 2551 (2015), the District Court plainly erred considering defendant's prior state conviction for eluding in the second degree a 'crime of violence' under the advisory United States Sentencing Guidelines.

Appellate Information

  • Decided
  • Published 2016/07/26

Judges

  • CHAGARES

Court

  • United States Third Circuit

Counsel

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