United States Eighth Circuit

Defendant's sentence for manufacturing marijuana plants is affirmed where: 1) defendant was previously convicted of crimes that were punishable by imprisonment for a term exceeding one year, thereby exposing him to an enhanced sentence; and 2) the determination of whether defendant has two prior felony convictions for purposes of U.S.S.G. section 4B1.1 was a question of federal law, and thus did not affect defendant's prior state conviction.

Appellate Information

• Decided 07/21/2010
• Published 07/21/2010

Judges

• Bobby Shepherd

Court

• United States Eighth Circuit

Counsel