United States v. Wynn, No. 14-4599 (4th Cir. 2015)
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Defendant appealed his revocation sentence. At issue was whether the district court
erred in determining, based on defendant’s status as a recidivist drug offender, that certain drug offenses committed during his supervised release were Grade B violations under the
Sentencing Commission’s advisory policy statements for violations of probation and supervised release. The court held that the district court did not err in concluding that defendant's prior drug convictions increased the extent to which his marijuana offenses during supervised release were “punishable” under Section 844(a). Thus, the district court correctly determined that defendant’s multiple acts of possessing marijuana during his supervised release constituted Grade B violations under the Guidelines’ Chapter 7 advisory policy statements.
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