United States v. Stokes, No. 13-1779 (8th Cir. 2014)
Annotate this CaseDefendant pleaded guilty to one count of possession with intent to distribute at least 28 grams of a mixture and substance containing cocaine base. The court held that vehicular flight, as described by Michigan Code 257.602a(1), is a crime of violence, and is therefore a predicate offense for career-offender status under the Sentencing Guidelines. The court concluded, however, that there was a reasonable probability that defendant's sentence would have been lower had the district court not erred in concluding that defendant had sold drugs for ten years. Accordingly, the court reversed and remanded for reconsideration of defendant's request for a downward variance. The court affirmed in all other respects.
Court Description: Criminal case - Sentencing. Vehicular flight, as described by Michigan Code Section 257.602a(1), is a crime of violence and was properly counted as a predicate offense for career-offender status; the district court's conclusion that defendant had supported himself for 10 years by selling drugs was clearly erroneous and since it was a main factor in denying defendant's request for a downward variance, the error affected his substantial rights, and the matter must be remanded for resentencing. Judge Bright, concurring.
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