United States Ninth Circuit

Defendant's sentence for two federal drug-trafficking felonies, which included a career offender enhancement, is affirmed, where: 1) defendant's prior conviction for criminal property damage in the first degree under Hawaii law is categorically a "crime of violence" under the residual clause of section 4B1.2(a)(2) of the Sentencing Guidelines; 2) defendant is thus subject to the career offender enhancement under section 4B1.1 of the Sentencing Guidelines; and 3) defendant's claim that section 4B1.2(a)(2)'s residual clause is unconstitutionally vague is foreclosed by Supreme Court precedent.

Appellate Information

• Decided 07/29/2013
• Published 07/29/2013

Judges

• BYBEE

Court

• United States Ninth Circuit

Counsel