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Home / Opinion Digests / Criminal Law / 4th Cir.: Enhancement improper without “overt act” predicates (access required)

4th Cir.: Enhancement improper without “overt act” predicates (access required)

The district court erred in sentencing the defendant as a career offender because his prior convictions for conspiracy to distribute and possess with intent to distribute cocaine are not controlled substance offenses for career offender purposes. No career-offender predicates Appellant Ron Whitley’s prior conspiracy convictions do not qualify as controlled substance offenses under the Sentencing Guidelines. Because ...