United States Ninth Circuit

In a conviction for distributing crack cocaine, defendant's sentence as a career offender under U.S.S.G. section 4B1.1, based on the district court's determination that defendant's prior convictions under California Health & Safety Code section 11352(a) qualified as controlled substance offenses, is vacated and remanded where the government has not satisfied its burden of showing that one of the two prior convictions qualifies as a predicate offense.

Appellate Information

• Decided 12/28/2012
• Published 12/28/2012

Judges

• Fisher

Court

• United States Ninth Circuit

Counsel