United States v. Smith
Court of Appeals for the Seventh Circuit
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…
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