Legal Opinion
United States v. McKibbon
Court of Appeals for the Tenth Circuit
Decided December 28, 2017No. 16-1493PublishedCited by 17 opinions
1Opinion of the Court
EBEL, Circuit Judge.
In this direct criminal appeal, we conclude both that the district court plainly erred in treating Defendant Gary McKib-bon’s prior Colorado drug distribution conviction as a “controlled substance offense” under U.S.S.G. § 4B1.2(b), and that that error warrants resentencing.
BACKGROUND
McKibbon pled guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). In calculating his sentence for that offense under the 2016 sentencing guidelines, the district court consulted U.S.S.G. § 2K2.1, which provided for a base offense level of twenty if…
2Cases cited23 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- Johnson v. United StatesSupreme Court of the United States · 1997
- Mathis v. United StatesSupreme Court of the United States · 2016
- Molina-Martinez v. United StatesSupreme Court of the United States · 2016
- United States v. Gonzalez-HuertaCourt of Appeals for the Tenth Circuit · 2005
18 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- United States v. CantuCourt of Appeals for the Tenth Circuit · 2020
- United States v. Ledridge ThomasCourt of Appeals for the Eighth Circuit · 2018
- Dexter Hillocks v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2019
- United States v. BabcockCourt of Appeals for the Tenth Circuit · 2022
- United States v. FaulknerCourt of Appeals for the Tenth Circuit · 2019
12 more not listed; retrieve them via the Exa API.