United States Ninth Circuit

Reset A A Font size: Print

US v. Stewart, 13-10048

Defendant's sentence for distributing a controlled substance is affirmed, where: 1) because 18 U.S.C. section 944(h) does not limit career offender status under the Sentencing Guidelines to defendants with two predicate federal convictions, the Sentencing Commission did not exceed the scope of its delegated authority by including prior state convictions as an additional basis for career offender status; and 2) the district court was mistaken about the impact of the purity of the controlled substance, but defendant's sentence was nonetheless reasonable under the totality of the circumstances.

Appellate Information

  • Decided 07/31/2014
  • Published 07/31/2014

Judges

  • FISHER

Court

  • United States Ninth Circuit

Counsel