Unted States v. Grayson, No. 12-1113 (6th Cir. 2013)
Annotate this CaseGrayson was indicted for conspiracy to distribute powder and crack cocaine and other drugs, 21 U.S.C. 846; 21 U.S.C. 841(a)(1), and for possession of a firearm in furtherance of a drug trafficking crime, 18 U.S.C. 924(c). Grayson pled guilty, reserving the right to appeal the determination that his 2004 Michigan conviction for “maintaining a drug house” qualified as a “prior felony drug offense” under 21 U.S.C. 802(44); the enhancement doubled his five-year mandatory minimum sentence. The Michigan law requires that the defendant knew that the structure at issue was used for keeping or selling drugs, the defendant had some general control over the structure, and that he maintained the structure. Violation is punishable by up to two years in prison. The Sixth Circuit affirmed, rejecting an argument that the enhancement requires a defendant to have been convicted of a drug offense involving possession or distribution, rather than simply aiding others.
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