United States v. Davis, No. 09-2086 (1st Cir. 2012)Annotate this Case
Defendant, then 19, was arrested on an outstanding warrant. Upon searching him, police found bags containing small amounts of cocaine base and marijuana. He was charged with possession of cocaine base with intent to distribute, 21 U.S.C. 841(a)(1), and with aiding and abetting, 18 U.S.C. 2, and pled guilty to the first count. At a hearing, the AUSA stated that defendant qualified as a career offender based on two prior convictions for crimes of violence, U.S.S.G. 4B1.1. Defendant did not object. The presentence report described juvenile adjudications for resisting arrest and assault and battery and adult convictions, for assault and battery and for resisting arrest. The government argued for a sentence of 96 months, rather than the guidelines recommendation of 151-188 months for a career offender, due to defendant’s youth and the relatively non-serious nature of the predicate offenses. Defendant still made no objection to his classification as a career offender He was sentenced to 84 months' imprisonment. The First Circuit affirmed. Despite decisions clarifying which types of Massachusetts convictions could be considered predicates for career offender status under 4B1.1, defendant could not meet the prejudice prong of the plain error test.