United States v. Lee, No. 10-10403 (9th Cir. 2012)Annotate this Case
Defendant was convicted of distributing crack cocaine in violation of 21 U.S.C. 841. At issue was whether the district court erred by sentencing defendant as a career offender under U.S.S.G. 4B1.1 based on his two prior convictions under California Health and Safety Code 11352(a). The court held that the government had not satisfied its burden of showing that one of these two convictions qualified as a predicate offense and remanded for the district court to reconsider defendant's offender status.