United States v. Brown

COLLOTON, Circuit Judge.

This case presents the question whether a prior conviction for delivery of a “simulated controlled substance” under Iowa law qualifies as a “felony drug offense” under a recidivism provision of the Controlled Substances Act, 21 U.S.C. § 802(44). We hold that it does not, and we therefore vacate Dennis Morris *1014Brown’s sentence and remand for resentencing.

I

On June 21, 2006, a grand jury indicted Brown for two counts of distributing crack cocaine within 1000 feet of a protected location, in violation of 21 U.S.C. § 860. Before trial, the government filed an information…