United States v. Olsson, No. 12-2376 (8th Cir. 2013)
Annotate this CaseDefendant appealed his sentence and conviction for conspiracy to distribute cocaine and possession with intent to distribute cocaine. The court concluded that, although the trial court limited aspects of cross-examination, there was no substantial prejudice to defendant. Defendant's attorney procured the testimony he sought in almost every instance, and ample evidence supported the convictions. The court agreed with the district court that defendant's second-degree burglary conviction constituted a crime of violence. Because defendant conceded that he had a prior conviction for a controlled substance offense, he had at least two qualifying prior convictions under U.S.S.G. 4B1.1(a). Therefore, the district court did not err in sentencing defendant as a career offender under U.S.S.G. 4B1.1. Accordingly, the court affirmed the conviction and sentence.
Court Description: Criminal case - Criminal law and Sentencing. Challenges to cross- examination of the government's witnesses rejected; defendant's prior conviction for second-degree burglary qualified as a crime of violence for purposes of career offender sentencing under Guidelines Sec. 4B1.1.
The court issued a subsequent related opinion or order on February 12, 2014.
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