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U.S. v. WEIR

No. 93-3430.

51 F.3d 1031 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. Norman WEIR, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 10, 1995.

Attorney(s) appearing for the Case

Douglas N. Frazier, U.S. Atty., I. Randall Gold, Tamara Phipps, Asst. U.S. Attys., Orlando, FL, for appellant.

James T. Skuthan, Asst. Federal Public Defender, Orlando, FL, for appellee.

Before BLACK and BARKETT, Circuit Judges, and RONEY, Senior Circuit Judge.

RONEY, Senior Circuit Judge:

We hold that a conviction of conspiracy to possess with intent to distribute marijuana is a "controlled substance offense" for purposes of career criminal sentence enhancement under section 4B1.1 of the United States Sentencing Guidelines. This decision conflicts with a decision of the D.C.Circuit, upon which the district court relied in finding that defendant-appellee was not a career offender for enhancement purposes. United States...

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