Legal Opinion

United States v. Charles Evans

Court of Appeals for the Eleventh Circuit

Decided February 5, 2004No. 02-16095PublishedCited by 11 opinions

1Opinion of the Court

FARRIS, Circuit Judge:

Evans contends that his conviction is not a controlled substance offense because it involved the delivery of chalk rather than cocaine. Prior circuit authority has considered and answered the precise questions raised by his appeal.

There is no dispute that Evans pleaded guilty to an offense covered by the controlled substance statute, 21 U.S.C. §§ 841(a)(1) and 846.

Under U.S.S.G. § 4Bl.l(a)(2), we look only to the elements of the crime of conviction and not the conduct underlying the crime. United States v. Lipsey, 40 F.3d 1200, 1201 (11th Cir.1994); See also United…

2Cases cited3 opinions

  1. United States v. FrazierCourt of Appeals for the Eleventh Circuit · 1996
  2. United States v. CarothersCourt of Appeals for the Eleventh Circuit · 1997
  3. United States v. David LipseyCourt of Appeals for the Eleventh Circuit · 1994

3Cited by11 opinions

  1. United States v. DobbsCourt of Appeals for the Tenth Circuit · 2011
  2. United States v. CrittendenCourt of Appeals for the Fifth Circuit · 2004
  3. United States v. HudsonCourt of Appeals for the Seventh Circuit · 2010
  4. United States v. Andre MillsCourt of Appeals for the Fourth Circuit · 2007
  5. United States v. Lindon AmedeCourt of Appeals for the Eleventh Circuit · 2020

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