United States v. Grady, No. 18-1728 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence after he pleaded guilty to one count of possession with intent to distribute 50 grams or more of a mixture or substance containing methamphetamine. The court held that the plea waiver that defendant entered into knowingly and voluntarily barred his challenge to the reasonableness of his sentence and whether the district court adequately explained its downward variance. However, in regard to his challenge to the criminal history determinations supporting the application of the career enhancements, the court held that the district court correctly counted each conviction as a predicate offense and properly applied the career offender enhancement. In this case, defendant's 2007 and 2010 convictions were separated by an intervening arrest and thus were properly counted separately.
Court Description: Per Curiam - Before Smith, Chief Judge, and Arnold and Kelly, Circuit Judges] Criminal case - Criminal law and sentencing. Defendant's knowing and voluntary appeal waiver bars his challenges to the reasonableness of his sentence and whether the court adequately explained its decision to deny a downward variance; with respect to his claim that the court erred in counting two of his felonies as separate convictions, the offenses, which occurred three years apart, were separated by an intervening arrest and were properly counted as separate convictions for purposes of determining whether defendant was a career offender under Guidelines Sec. 4B1.1(a).
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