United States v. Matthew Stewart
Court of Appeals for the Ninth Circuit
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
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- Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
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