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U.S. v. ALLEN

No. 00-20625.

282 F.3d 339 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Adrian Todd ALLEN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 8, 2002.

Attorney(s) appearing for the Case

David Hill Peck, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellant.

James Richard Reed, Houston, TX, for Defendant-Appellee.

Before GARWOOD, JOLLY and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

The government appeals the district court's order declining to enhance the defendant-appellee's sentence under 18 U.S.C. § 924(e)(1) as a career offender on the ground that the conduct underlying his earlier conviction for delivery of a controlled substance would not qualify as a "serious drug offense" under 18 U.S.C. § 924(e)(2)(A)(ii). We disagree and vacate and remand for resentencing.

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