Legal Opinion

United States v. Smith

Court of Appeals for the Seventh Circuit

Decided April 22, 2019No. 18-2905PublishedCited by 11 opinions

1Opinion of the Court

Flaum, Circuit Judge.

Tom Smith, III appeals the district court's determination that he is a career offender under § 4B1.1 of the United States Sentencing Guidelines, and is eligible for the corresponding career-offender sentencing enhancement. The district court applied the enhancement after concluding that Smith had two prior convictions that qualified as controlled substance offenses under § 4B1.2(b) of the Guidelines. Smith maintains that one of those convictions-the one under Indiana's "Dealing in cocaine or narcotic drug" statute, Ind. Code § 35-48-4-1 -criminalizes more conduct than the…

2Cases cited9 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. Mathis v. United StatesSupreme Court of the United States · 2016
  4. Ulises Martinez Lopez v. Loretta E. LynchCourt of Appeals for the Seventh Circuit · 2016
  5. United States v. MadkinsCourt of Appeals for the Tenth Circuit · 2017

4 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. United States v. Nathaniel RuthCourt of Appeals for the Seventh Circuit · 2020
  2. United States v. Martez SmithCourt of Appeals for the Seventh Circuit · 2021
  3. United States v. Joseph WilliamsCourt of Appeals for the Seventh Circuit · 2019
  4. United States v. Dorian DawsonCourt of Appeals for the Third Circuit · 2022
  5. Otis Elion v. United StatesCourt of Appeals for the Seventh Circuit · 2023

6 more not listed; retrieve them via the Exa API.

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