Legal Opinion · Concurring in part, dissenting in part
United States v. Frazier
Court of Appeals for the Eleventh Circuit
Decided August 2, 1996No. Nos. 93-3480, 93-3565Published
1Concurring in part, dissenting in partGodbold, Senior Circuit Judge
I concur in Judge Hatchett’s opinion in all respects except Part B, which concerns the sentencing of defendant Hutchinson as a career offender under U.S.S.G. § 4B1.1 and § 4B1.2(2). Those sections classify a defendant as a career offender if he “has at least two prior felony convictions of either a crime of violence or a controlled substance offense." (emphasis added)
In sentencing Hutchinson as a career offender the court counted a 1990 Florida felony conviction as a predicate “controlled substance offense” under U.S.S.G. § 4B1.1. In the Florida case Hutchinson had pleaded nolo contendere to…
2Cases cited5 opinions
- United States v. Dell Hester A/K/A Jerry SmithCourt of Appeals for the Eighth Circuit · 1990
- United States v. David LipseyCourt of Appeals for the Eleventh Circuit · 1994
- Adderly v. StateDistrict Court of Appeal of Florida · 1990
- Durr v. StateDistrict Court of Appeal of Florida · 1991
- Twinn v. StateDistrict Court of Appeal of Florida · 1983