Controlled Substances — prior convictions

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Wisconsin Court of Appeals

Criminal

Controlled Substances — prior convictions

A federal RICO conviction is a prior controlled substances conviction under Wis. Stats. Sec. 961.41.

“To sum up, there are many, many ways that a person may violate 18 U.S.C. §§1962(c) & (d). Accordingly, the provisions, which incorporate the expansive definition of ‘racketeering activity,’ are ‘divisible,’ and this permits use of the modified categorical approach. Thus, the circuit court and we may look at the indictment to which Guarnero pled guilty as well as his plea-bargained acknowledgment that he was ‘in fact, guilty of the offense’ set out in Count Two of the indictment. Guarnero’s contention that his guilty plea to Count Two was therefore not a plea to a crime under a ‘statute of the United States … relating to controlled substances,’ as required by WIS. STAT. § 961.41(3g)(c), is without merit.”

Affirmed.

Recommended for publication in the official reports.

2013AP1753-CR & 2013AP1754-CR State v. Guarnero

Dist. I, Milwaukee County, Dugan, J., Fine, J.

Attorneys: For Appellant: Eddington, Robert J., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Larson, Sara Lynn, Madison