United States v. Brown

Because I believe that Brown’s 1992 Iowa conviction for delivery of simulated methamphetamine and his 1993 Iowa conviction for delivery of simulated cocaine are “felony drug offense[s]” under 21 U.S.C. § 802(44), I respectfully dissent.

Because Brown pled guilty to distributing crack cocaine within 1000 feet of a protected location in violation of 21 U.S.C. § 860(a), he is subject to a mandatory term of life imprisonment if he has two prior “felony drug offensefs]” within the meaning of section 802(44). 21 U.S.C. § 841(b)(1)(A). The term “‘[f]elony drug offense’ [in § 802(44)] is defined…