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U.S. v. STEWART

No. 13-10048.

761 F.3d 993 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Matthew STEWART, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 31, 2014.

Attorney(s) appearing for the Case

Jeremy M. Delicino , Salt Lake City, UT, for Defendant-Appellant.

Peter S. Levitt (argued), Assistant United States Attorney, Elizabeth O. White , Appellate Chief, Daniel G. Bogden , United States Attorney, Las Vegas, NV, for Plaintiff-Appellee.

Before: SIDNEY R. THOMAS, RAYMOND C. FISHER and MARSHA S. BERZON, Circuit Judges.

OPINION

FISHER, Circuit Judge:

Matthew Stewart pled guilty to two counts of distributing a controlled substance in violation of 21 U.S.C. § 841(a)(1). Because he had two prior state felony convictions for controlled substance offenses, the district court sentenced him as a career offender. See United States Sentencing Guidelines Manual (U.S.S.G.) §§ 4B1.1, 4B1.2. Stewart appeals his sentence...

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