Free US Court of Appeals for the Ninth Circuit case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | US Court of Appeals for the Ninth Circuit March 26, 2021 |
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US Court of Appeals for the Ninth Circuit Opinions | United States v. Furaha | Docket: 20-10063 Opinion Date: March 25, 2021 Judge: Milan D. Smith Areas of Law: Criminal Law | The Ninth Circuit concluded that the district court did not err in determining that defendant's 18 U.S.C. 924(c) convictions constitutes a "controlled substance offense," as defined by USSG 4B1.2(b). In this case, defendant pleaded guilty to two drug trafficking crimes: (1) possession with intent to distribute heroin in violation of 21 U.S.C. 841(a)(1) and 841(b)(1)(C); and (2) possession with intent to distribute cocaine in violation of the same provisions. The panel explained that, either of these crimes could serve as the predicate for defendant's section 924(c) conviction. Therefore, the panel concluded that, under the modified categorical approach, defendant's section 924(c) conviction is a "controlled substance offense" within the meaning of section 4B1.2(b). Accordingly, the panel affirmed the district court's application of the relevant sentencing enhancement because defendant "committed" the section 924(c) "offense subsequent to sustaining one felony conviction of . . . a controlled substance offense[.]" | |
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