Sentencing Guidelines – Enhancement

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7^th Circuit Court of Appeals

Case Name: United States of America v. Tom Smith, III

Case No.: 18-2905

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

Focus: Sentencing Guidelines – Enhancement

Tom Smith, III appeals the district court’s determination that he is a career offender under § 4B1.1 of the United States Sentencing Guidelines, and is eligible for the corresponding career‐offender sentencing enhancement. The district court applied the enhancement after concluding that Smith had two prior convictions that qualified as controlled substance offenses under § 4B1.2(b) of the Guidelines. Smith maintains that one of those convictions— the one under Indiana’s “Dealing in cocaine or narcotic drug” statute, Ind. Code § 35‐48‐4‐1—criminalizes more conduct than the Guidelines’ definition of a controlled substance offense. As such, Smith contends that his conviction under the overbroad statute cannot serve as a predicate controlled sub‐ stance offense for purposes of a career‐offender designation. Smith asks that we vacate his sentence for improperly including a career‐offender enhancement. We disagree with Smith’s interpretation of the statute and thus affirm the district court’s judgment.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.