United States v. Richardson, No. 19-412 (2d Cir. 2020)Annotate this Case
The Second Circuit affirmed defendant's conviction for distribution and possession with intent to distribute a controlled substance. The court held that the district court did not procedurally err by applying the career offender sentencing enhancement pursuant to USSG 4B1.1 because defendant's prior convictions of conspiracy to distribute a controlled substance in violation of 21 U.S.C. 841(a)(1) and 846, and attempted criminal possession of a controlled substance in violation of N.Y. Penal Law 220.16(1), qualify as controlled substance offenses, as defined in
USSG 4B1.2(b). The court also held that the district court did not substantively err in sentencing defendant, because it properly considered his criminal history and accounted for his need for mental health and substance abuse treatment.