United States. v. Jones; United States v. Jones, No. 10-4442 (4th Cir. 2012)
Annotate this CaseDefendants, husband and wife, appealed their convictions for conspiracy to manufacture, distribute, and dispense, and to possess with intent to distribute and dispense, methamphetamine. On appeal, defendants contended that the protective sweep of their residence was unconstitutional and husband contended, separately, that his sentence was procedurally unreasonable. The court held that the articulable facts, taken together with the rational inferences from those facts made by law officers, and construed in the light most favorable to the government, were more than sufficient to justify the protective sweep. The court held, however, that husband's prior North Carolina conviction was not a predicate offense and therefore, did not qualify as a prior felony conviction for purposes of the career offender provision. Accordingly, the court vacated husband's sentence and remanded for resentencing.
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