36 (1993), the Guidelines’ commentary must be given controlling weight unless it is plainly erroneous or inconsistent with the regulation. 1993), overruled on other grounds by Custis v. Rather, Application Note 1 states that “controlled substance offenses” include “offenses of aiding and abetting, conspiring, and attempting to commit such offenses.” This court has previously held that Application Note 1 permissibly expands on, and is consistent with, the text of § 4B1.2(b). § 4B1.2(b) does not include “conspiracy to distribute” in its list of controlled substance offenses.
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§§ 846 and 841, and remanded for resentencing, in a case in which the district court concluded that this offense of conviction qualified Castillo as a career offender under United States Sentencing Guidelines Manual (U.S.S.G.) § 4B1.1, as it was a “controlled substance offense” as defined by U.S.S.G. Did you know we offer summary newsletters for even more practice areas and jurisdictions? Explore them here.Ĭourt Description: Criminal Law The panel vacated Roberto Castillo’s sentence for conspiracy to distribute at least 50 grams of methamphetamine in violation of 21 U.S.C. You already receive new opinion summaries from Ninth Circuit US Court of Appeals.
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Sign up for free summaries delivered directly to your inbox. Want to stay in the know about new opinions from the Ninth Circuit US Court of Appeals? Because the text of Section 4B1.2(b) unambiguously does not include inchoate offenses, and because the court is no longer permitted to rely on the commentary of an unambiguous guideline after Kisor, the panel held that Defendant’s conspiracy conviction is not a “controlled substance offense” under Section 4B1.1. Because Section 4B1.2(b)’s definition of “controlled substance offense” is unambiguous, the Supreme Court’s decision in Kisor now makes it impermissible to defer to Application Note 1 to determine whether conspiracy fits into this definition.
Applying the traditional tools of statutory construction to the text of the guideline, as Kisor instructs, the panel concluded that Section 4B1.2(b) unambiguously identifies a list of crimes that do not include inchoate offenses. The panel held that Kisor is an intervening decision and is clearly irreconcilable with the holdings in Vea-Gonzales and Crum. The Ninth Circuit vacated Defendant’s sentence and remanded for resentencing.
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Health & Safety Code Section 11378 that qualified as controlled substances offenses under U.S.S.G. The PSR then found that Defendant had two prior convictions under Cal. For the offense of conviction, the PSR calculated the base offense level at 32 based on the Drug Quantity Table set forth in U.S.S.G. At sentencing, the district court found the Presentence Report (PSR) prepared by the Probation Officer accurate and correct and so adopted it. Defendant pleaded guilty to the conspiracy count. A grand jury indicted Defendant on four counts, including one count of conspiracy to distribute methamphetamine, 21 U.S.C.
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