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Home / Opinion Digests / Criminal – Sentencing – Drug Trafficking – Prior Conviction – Drug Court (access required)

Criminal – Sentencing – Drug Trafficking – Prior Conviction – Drug Court (access required)

In sentencing a defendant on drug trafficking and firearm charges, a district court erred when it counted disposition by a state court drug supervision program as a “prior sentence” within the meaning of USSG 4A1.1 and 4A1.2, and his sentence is vacated and remanded by the 4th Circuit. The issue on appeal is whether the district ...