First Circuit Questions Sentencing Enhancement, Uses It Anyway

A drug defendant’s enhanced sentence will stay in place under First Circuit precedent, even though the court has misgivings about its validity.

Vaughn Lewis pleaded guilty to conspiracy to distribute cocaine, and was sentenced as a career offender. He challenged his status, arguing that the conspiracy conviction wasn’t a controlled substance offense under the U.S. Sentencing Guidelines.

The applicable guideline defines controlled substance offense as one that “prohibits the manufacture, import, export, distribution, or dispensing” of a controlled substance, or the possession of one “with intent to manufacture, import, export, distribute, or dispense” it.

The commentary note to the guideline ...