Legal Opinion

United States v. Gilbert

Court of Appeals for the Eleventh Circuit

Decided April 15, 1998No. 97-2401PublishedCited by 50 opinions

Non-Argument Calendar.

1Per curiam

Ezell Gilbert was convicted, following a plea of guilty, of possession with intent to deliver cocaine base and possession with intent to deliver marijuana, both in violation of 21 U.S.C. 841(a)(1). He appeals his 292-month sentence, raising three issues. We affirm.

1. Career Offender Status

The district court sentenced Gilbert as a career offender under U.S.S.G. § 4B1.1. To qualify as a career offender, a defendant must have been convicted of at least two “crimes of violence” or drug crimes. See id. Gilbert clearly had one — he was previously convicted of possession of cocaine with intent to…

2Cases cited10 opinions

  1. United States v. Barry Lawrence SpellCourt of Appeals for the Eleventh Circuit · 1995
  2. United States v. Gwendolyn FossettCourt of Appeals for the Eleventh Circuit · 1989
  3. United States v. Ramon Gonzalez-LopezCourt of Appeals for the Eleventh Circuit · 1990
  4. United States v. LindiaCourt of Appeals for the First Circuit · 1996
  5. United States v. Alonzo Hall, Sedrick Latroy McKinneyCourt of Appeals for the Eleventh Circuit · 1996

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3Cited by50 opinions

  1. United States v. ArcherCourt of Appeals for the Eleventh Circuit · 2008
  2. McKay v. United StatesCourt of Appeals for the Eleventh Circuit · 2011
  3. Ezell Gilbert v. United StatesCourt of Appeals for the Eleventh Circuit · 2011
  4. United States v. Clinton Bernard Frazier-ElCourt of Appeals for the Fourth Circuit · 2000
  5. Dudley Bryant, Jr. v. Warden, FCC Coleman - MediumCourt of Appeals for the Eleventh Circuit · 2013

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