Court Error – Career Offender

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7^th Circuit Court of Appeals

Case Name: United States of America v. Robert A. Tate

Case No.: 15-3227

Officials: WOOD, Chief Judge, and SYKES and HAMILTON, Circuit Judges.

Focus: Court Error – Career Offender

No error made as to credibility determinations, however, error in calculating guideline range for sentencing.

“Tate’s argument presents a question of law that we review de novo. United States v. Dyer, 464 F.3d 741, 743 (7th Cir. 2006), citing United States v. Hankton, 432 F.3d 779, 795 (7th Cir. 2005). Under the career offender provisions, a “controlled substance offense” is defined as “an offense under federal or state law, punishable by imprisonment for a term exceeding one year, that prohibits the manufacture, import, export, distribution, or dispensing of a controlled substance (or a counterfeit substance) or the possession of a controlled substance (or a counterfeit substance) with intent to manufacture, import, export, distribute, or dispense.” U.S.S.G. § 4B1.2(b). The definition includes “aiding and abetting, conspiring, and attempting to commit such offenses,” U.S.S.G. § 4B1.2 cmt. n.1, so it does not matter that Tate’s anhydrous ammonia conviction was for attempted procurement. “

Vacated and Remanded for Resentencing

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.