U.S. v. MITCHELL

No. 08-50429.

624 F.3d 1023 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Patrick J. MITCHELL, AKA Pep, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 20, 2010.


Attorney(s) appearing for the Case

Gary P. Burcham , Burcham & Zugman, San Diego, CA, for the defendant-appellant.

Jean-Claude Andre , Assistant United States Attorney, Criminal Appeals Division, Los Angeles, CA, for the plaintiff-appellee.

Opinion by Judge GOODWIN; Concurrence by Judge O'SCANNLAIN.


OPINION

GOODWIN, Senior Circuit Judge:

Patrick J. Mitchell appeals his 180-month imprisonment sentence as a career offender under § 4B1.1 of the United States Sentencing Guidelines following his guilty plea to distributing 52.4 grams of crack cocaine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A)(iii). We affirm and join other circuits that have clarified that, even in cases where a defendant...

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