United States v. McGhee

BOUDIN, Circuit Judge.

Winston McGhee was convicted of drug crimes committed in July 2006 and at sentencing determined to be a career offender, U.S.S.G. § 4B1.1 (2008), based in part on á prior state youthful offender adjudication. On appeal, we affirmed both the conviction and the resulting sentence, United States v. McGhee, 627 F.3d 454, 461 (1st Cir.2010), noting that the career offender designation was compelled by United States v. Torres, 541 F.3d 48 (1st Cir.2008), cert. denied, — U.S.-, 129 S.Ct. 1987, 173 L.Ed.2d 1090 (2009).

McGhee then petitioned for panel rehearing and rehearing en…