United States v. Timothy Miller

JUDITH M. BARZILAY, Judge.

I respectfully dissent as I believe that the central issue in this case is whether Miller’s 1986 guilty plea to narcotics possession in a Georgia court that resulted in a two-year probation under the state’s first offender act was a “conviction” under 21 U.S.C. § 841(b)(1)(A).1

Section 841(b)(1) provides for sentence enhancement where the defendant com*825mits the federal violation “after a prior conviction for a felony drug offense has become final .... ” 21 U.S.C. § 841(b)(1)(A) (emphasis added). Miller pleaded guilty to a violation of the Georgia Controlled Substance…