United States v. McGhee, No. 10-1737 (1st Cir. 2011)Annotate this Case
Defendant was convicted of drug crimes committed and determined to be a career offender under U.S.S.G. 4B1.1, based in part on a state youthful offender adjudication. The Third Circuit affirmed in 2010. On rehearing, the First Circuit vacated, noting that its prior decision had been based on erroneous precedent. For career offender purposes, a conviction for an offense committed before age 18 counts only if classified as an adult conviction under the laws of that jurisdiction. Under the Massachusetts law relevant to defendant's prior adjudications, he was a "youthful offender," not just a "juvenile delinquent;" the classification has some, but not all, characteristics of an adult conviction and is not a career offender predicate. The court remanded, stating that although the sentence was below the career offender range, the designation can be influential even if not treated as controlling.
This opinion or order relates to an opinion or order originally issued on December 7, 2010.