United States Ninth Circuit

Conviction and sentencing of defendant for drug-related offenses are upheld where when determining a sentencing range under U.S. Sentencing Guidelines Manual (U.S.S.G.) section 1B1.10(b), a district court may apply the offense level dictated by the career offender guideline, U.S.S.G. section 4B1.1, even if the district court did not apply the Section 4B1.1 offense level at the defendant's original sentencing, so long as the court determined at the original sentencing that the defendant was a career offender.

Appellate Information

• Decided 08/19/2011
• Published 08/19/2011

Judges

• FISHER

Court

• United States Ninth Circuit

Counsel