Guilty plea to state offense that predates commission of federal crime establishes conviction necessary for career-offender sentence enhancement
SENTENCING United States v. Espinosa, No. 05-2220, ___ F.3d ___ (10th Cir. Jun. 6, 2006)(New Mexico). Appeal of sentence for possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1). HELD: District court did not err in applying career-offender sentencing enhancement under U.S.S.G. § 4B1.1 because one of two necessary state-law convictions did not predate federal violation. Where defendant entered conditional guilty plea to state charge before committing federal offense, but condition not yet met by State, and state sentence not yet imposed at time of sentencing on federal crime, conditional guilty plea to state charge constituted conviction of second offense necessary for application of federal career-offender sentence enhancement. Read the opinion here. |
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