United States v. Dennis Marcussen

BOWMAN, Circuit Judge.

Dennis Marcussen appeals his sentence, arguing that the District Court 1 erred in sentencing him as a career offender based on prior predicate offenses that were neither charged in the indictment nor proved to a jury beyond a reasonable doubt. We affirm.

Marcussen pleaded guilty to a charge of conspiracy to manufacture and attempt to manufacture five grams or more of methamphetamine and to distribute and possess with intent to distribute an unspecified amount of methamphetamine. The Pre-Sentence Investigation Report (“PSIR”) recommended that Marcussen be sentenced as a…