United States v. Dennis Brown, No. 10-2509 (8th Cir. 2011)
Annotate this CaseAppellant pled guilty to one of two counts of distributing cocaine base within 1,000 feet of a protected location, a violation of 21 U.S.C. 841(a)(1), (b)(1)(C), and 860. At issue was whether, at appellant's resentencing hearing, the district court erred in applying the career offender enhancement under U.S.S.G. 4B1.1 and sentenced appellant to 210 months imprisonment. The court affirmed the sentence enhancement and held that the district court did not err when it sentenced appellant as a career offender where his two Iowa convictions for delivery of a simulated controlled substance qualified as controlled substance offenses for the purposes of section 4B1.1(a).
Court Description: Criminal Case - sentence. Following remand for resentencing, district court determined Brown qualified for career offender status. Because Brown's state convictions for stimulated controlled substances satisfies the plain meaning of "counterfeit substance" for purposes of section 4B1.1(a), the district court did not err in sentencing Brown as a career offender.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.