United States v. Damon Burse

Damon Burse pleaded guilty to possession with intent to distribute five grams or more of cocaine base in violation of 21 U.S.C. § 841(a)(1). Based on Burse’s earlier Missouri felony drug offense, the district court * applied the mandatory minimum sentence under 21 U.S.C. § 841(b)(1)(B) (“If any person [violates § 841(a)(1) ] after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment which may not be less than 10 years.... ”).

On appeal, Burse challenges the enhancement asserting his conviction on Missouri drug charge is not…