United States Fourth Circuit

Conviction and sentence for conspiracy to possess with intent to distribute and to distribute 50 grams or more of cocaine base are affirmed over primary claim that the district court erroneously applied the 20-year mandatory minimum, as defendant's prior conviction for cocaine possession, the predicate offense supporting the enhancement, is a state law misdemeanor and not a "felony drug offense" within the meaning of 21 U.S.C. section 841(b)(1)(A).

Appellate Information

• Argued 01/31/2007
• Decided 03/12/2007
• Published 03/12/2007

Judges

• Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  W. James Hoffmeyer, Florence, South Carolina, for Appellant.  Robert F. Daley, Jr., Assistant United States Attorney, Office of the United States Attorney, Columbia, South Carolina, for Appellee.   ON BRIEF:  Reginald I. Lloyd, United States Attorney, A. Bradley Parham, Assistant United States Attorney, Office of the United States Attorney, Columbia, South Carolina, for Appellee.