Legal Opinion

United States v. Matthew Stewart

Court of Appeals for the Ninth Circuit

Decided July 31, 2014No. 18-70981PublishedCited by 6 opinions

1Opinion of the Court

OPINION

FISHER, Circuit Judge:

Matthew Stewart pled guilty to two counts of distributing a controlled substance in violation of 21 U.S.C. § 841(a)(1). Because he had two prior state felony convictions for controlled substance offenses, the district court sentenced him as a career offender. See United States Sentencing Guidelines Manual (U.S.S.G.) §§ 4B1.1, 4B1.2. Stewart appeals his sentence, arguing that the Sentencing Commission exceeded its statutory authority under 28 U.S.C. § 994(h) by including state convictions as predicate offenses for purposes of defining a career offender. He further…

2Cases cited45 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. Koon v. United StatesSupreme Court of the United States · 1996
  3. Mistretta v. United StatesSupreme Court of the United States · 1989
  4. United States v. CartyCourt of Appeals for the Ninth Circuit · 2008
  5. Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003

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3Cited by6 opinions

  1. United States v. Earl RamosCourt of Appeals for the Eighth Circuit · 2016
  2. United States v. Jordon SimmonsCourt of Appeals for the Ninth Circuit · 2015
  3. United States v. Makel ElboghdadyCourt of Appeals for the Fourth Circuit · 2024
  4. United States v. Benjamin MoralesCourt of Appeals for the Ninth Circuit · 2020
  5. United States v. Earl RamosCourt of Appeals for the Eighth Circuit · 2016

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