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U.S. v. JACOBS

No. 09-5021.

579 F.3d 1198 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Carl Ray JACOBS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 2, 2009.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Barry L. Derryberry (Julia L. O'Connell with him on the briefs), Office of the Federal Public Defender, Northern and Eastern Districts of Oklahoma, Tulsa, OK, for Defendant-Appellant.

Janet S. Reincke (Thomas Scott Woodward, Acting United States Attorney, with her on the briefs), Office of the United States Attorney, Tulsa, OK, for Plaintiff-Appellee.

Before LUCERO, MURPHY, and McCONNELL, Circuit Judges.

LUCERO, Circuit Judge.

Carl Ray Jacobs pled guilty to possessing cocaine base with intent to distribute. At sentencing, the district court permanently barred Jacobs from receiving federal benefits under 21 U.S.C. § 862(a). This case presents a narrow issue of first impression: Does possession with intent to distribute constitute an "offense consisting of the distribution of controlled substances" within the meaning...

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