United States v. Twigg, No. 11-2599 (8th Cir. 2012)
Annotate this CaseDefendant pleaded guilty to three counts of knowingly and intentionally distributing a mixture or substance containing a detectable amount of cocaine base. On appeal, defendant argued that it was error to sentence him as a career offender because infirmities with the state court records made it impossible to prove that he previously pleaded guilty to an offense involving an intent to distribute. The court affirmed the judgment and held that the record was sufficient to support the district court's determination that defendant's prior state conviction qualified as a "controlled substance offense" under U.S.S.G. 4B1.2(b).
Court Description: Criminal case - Sentencing. District court did not err in finding defendant had a previous conviction for possession of a controlled substance with intent to distribute and did not err in sentencing defendant as a career offender under Guidelines Sec. 4B1.2(b).
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