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United States Fourth Circuit

US v. Dozier, 15-4532

Career offender sentence for guilty plea to distribution of a quantity of cocaine base, in violation of 21 U.S.C. section 841(a)(1), is affirmed where, although the district court erred in applying the modified categorical approach to the West Virginia general attempt statute, even when analyzed under the correct approach, defendant's prior attempt conviction under West Virginia law properly constitutes a controlled substance offense under section 4B1.2 of the Sentencing Guidelines.

Appellate Information

  • Decided
  • Published 2017/01/31




  • United States Fourth Circuit


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