United States v. Chavez, No. 10-2273 (10th Cir. 2011)
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On April 11, 2008, Defendant-Appellant Christopher Roy Chavez was arrested during a traffic stop for driving while intoxicated (DWI). After his arrest, the police impounded the vehicle he was driving. They subsequently obtained a warrant to search the vehicle for illegal contraband. During the ensuing search, officers found approximately one-third of a pound of cocaine. Defendant was indicted for one count of possession with intent to distribute cocaine. He filed a motion to suppress the cocaine, arguing it was obtained in violation of the Fourth Amendment. The district court denied the motion. Defendant then entered a conditional guilty plea. During his sentencing hearing, the district court concluded Defendant qualified as a "career offender " under the United States Sentencing Guidelines based on a prior conviction for attempted drug trafficking. Defendant objected, contending that attempted crimes do not qualify as predicate offenses for determining career offender status. The district court rejected this argument and sentenced Defendant to 120 months of imprisonment. Defendant appealed the denial of his motion to suppress and the district court’s conclusion that attempted crimes can be counted towards determining career offender status. Upon review, the Tenth Circuit found the evidence presented at trial supported the district court's decision, and accordingly affirmed Defendant's sentence.
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