United States v. Davis, No. 16-2059 (1st Cir. 2017)Annotate this Case
The First Circuit affirmed Defendant’s 151-month prison sentence imposed after he pled guilty to drug crimes.
On appeal, Defendant argued that the district court erred in sentencing him as a career offender based on his prior drug convictions under N.Y. Penal Law 110 and 220.31 and in applying the criminal-livelihood enhancement under section 2D1.1(b)(15)(E) of the sentencing guidelines. The First Circuit found no error, holding (1) the district court correctly sentenced Defendant under the career-offender guideline because Defendant’s two prior drug convictions under New York law constituted predicate offenses under the career-offender provision, 4B1.1 of the sentencing guidelines; and (2) the district court did not err in finding that Defendant qualified for the criminal-livelihood enhancement under section 4B1.3 of the sentencing guidelines.