United States v. Curtis, No. 10-2450 (7th Cir. 2011)
Annotate this CaseDefendant sold a confidential informant 3 grams of cocaine base (crack) and, weeks later, 56.3 grams of a mixture containing cocaine base in the form of crack. The district court accepted a guilty plea (21 U.S.C. 841(a)). A presentence investigation report placed the base offense level at 30 and deducted three levels for acceptance of responsibility and timely notification of intent to plead guilty, but determined that defendant was a career offender under U.S.S.G. 4B1.1(a) based on prior convictions for a crime of violence (Illinois, aggravated discharge of a firearm in 2001) and for possession with intent to deliver a controlled substance in 2006, so that the advisory guidelines range was 262 to 327 months imprisonment. The court imposed a sentence of 262 months followed by five years of supervised release. The Seventh Circuit affirmed. Applying a "categorical" rather than a fact-based approach, the 2001 conviction qualified as a crime of violence. The sentence was within the court's discretion.
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