U.S. v. DOZIER

No. 15-4532.

848 F.3d 180 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Deshawn DOZIER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 30, 2017.


Attorney(s) appearing for the Case

ARGUED: Jonathan D. Byrne , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charleston, West Virginia, for Appellant. Miller A. Bushong, III , OFFICE OF THE UNITED STATES ATTORNEY, Beckley, West Virginia, for Appellee. ON BRIEF: Christian M. Capece , Federal Public Defender, Rachel E. Zimarowski , Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charleston, West Virginia, for Appellant. Carol A. Casto , Acting United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.

Affirmed by published opinion. Senior Judge Davis wrote the opinion, in which Judge Shedd and Judge Keenan joined.


Deshawn Dozier pled guilty to distribution of a quantity of cocaine base, in violation of 21 U.S.C. § 841(a)(1), and he was sentenced as a career offender to 151 months imprisonment. On appeal, Dozier contends (1) the district court erroneously applied the modified categorical approach when determining whether a...

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