United States v. Tate, No. 15-3227 (7th Cir. 2016)
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Tate was convicted of conspiring to manufacture methamphetamine (2013-2014) and of a single count of distribution stemming from a 2014 controlled buy. Tate’s criminal history category was VI, regardless of the career offender Guideline. The court found that Tate’s relevant conduct made him responsible for 400 grams of methamphetamine, yielding an adjusted offense level of 28 and that Tate qualified as a career offender, raising his adjusted offense level to 32, producing a range of 210-262 months. Tate’s conviction for distribution of methamphetamine involved just 0.2 grams of methamphetamine, but at sentencing the district court considered the trial testimony of Tate’s former girlfriend and another woman about his manufacturing activities. The judge rejected challenges to their credibility, acknowledging that the estimates were not exact.
The court sentenced Tate to concurrent terms of 210 months in prison. The Seventh Circuit vacated, finding no error in the credibility determination, but holding that conviction under an Illinois law that prohibits attempted procurement of anhydrous ammonia with intent that it be used to manufacture methamphetamine does not qualify as a “controlled substance offense” under the Sentencing Guidelines’ career offender provision, U.S.S.G. 4B1.1.
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