United States DC Circuit

Sentence for possession of cocaine base with intent to distribute is vacated and remanded where: 1) for purposes of applying a career-offender enhancement, appellant's two prior convictions were for separate offenses; but 2) defendant's prior robbery conviction was not for a crime of violence.

Appellate Information

• Decided 12/02/2008
• Published 12/02/2008

Judges

• Before:  ROGERS and TATEL, Circuit Judges, and RANDOLPH, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Lisa B. Wright, Assistant Federal Public Defender, argued the cause for appellant.   With her on the briefs was A.J. Kramer, Federal Public Defender.


• For Appellees:
  
• John V. Geise, Assistant U.S. Attorney, argued the cause for appellee.   With him on the brief were Jeffrey A. Taylor, U.S. Attorney, Roy W. McLeese III, Mary B. McCord, and Anthony Scarpelli, Assistant U.S. Attorneys.