United States v. Jackson, No. 17-2598 (8th Cir. 2018)Annotate this Case
Jackson pled guilty to conspiracy to possess with intent to distribute 100 grams or more of heroin, 21 U.S.C. 841(a)(1), (b)(1)(B), and 846 and two counts of felon in possession of a firearm, 18 U.S.C. 922(g)(1). The court applied U.S.S.G. 4B1.1, the Career Offender Guideline, and increased Jackson’s offense level due to two prior state court convictions for a “controlled substance offense.” The court specifically found that Jackson’s 2015 Missouri conviction for possession of a controlled substance (heroin) with intent to distribute was a qualifying conviction. The Eighth Circuit affirmed, finding that the sentencing range was properly calculated and that the sentence imposed is substantively and procedurally reasonable. The court noted that it has previously rejected an argument that Mo. Rev. Stat. 195.211 criminalizes conduct broader than the Guidelines definition.