UNITED STATES v. NASIR

No. 18-2888.

17 F.4th 459 (2021)

UNITED STATES of America v. Malik NASIR, Appellant.

United States Court of Appeals, Third Circuit.

Argued En Banc on June 24, 2020.

Remanded by the Supreme Court of the United States On October 4, 2021.

Submitted on Remand (November 5, 2021).

Filed: November 8, 2021.


Attorney(s) appearing for the Case

Keith M. Donoghue [ARGUED], Brett G. Sweitzer , Federal Community Defender Office For the Eastern District of Pennsylvania, 601 Walnut Street, The Curtis Center — Suite 540 West, Philadelphia, PA 19106, Counsel for Appellant.

Whitney C. Cloud [ARGUED], Robert F. Kravetz [ARGUED], Daniel E. Logan, Jr. , Office of United States Attorney, 1313 North Market Street, Hercules Bldg. — Ste. 400, Wilmington, DE 19801, Counsel for Appellee.

Ilya Shapiro , Cato Institute, 1000 Massachusetts Avenue, NW, Washington, DC 20001, Counsel for Amicus Cato Institute.

Jared McClain , New Civil Liberties Alliance, 1225 19th Street, NW — Suite 450, Washington, DC 20036, Counsel for Amicus New Civil Liberties Alliance.

Evan A. Young , Baker Botts, 98 San Jacinto Boulevard — Suite 1500, Austin, TX 78701, Counsel for National Association of Home Builders, American Farm Bureau Federation, National Cattlemens Beef Association, and National Mining Association.

Before: SMITH, Chief Judge, McKEE, AMBRO, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR., SHWARTZ, KRAUSE, RESTREPO, BIBAS, PORTER, MATEY, PHIPPS, SCIRICA, and RENDELL, Circuit Judges.


OPINION OF THE COURT

On a tip, Malik Nasir was arrested near a storage unit in which he kept the marijuana he was selling. He was subsequently charged with, and convicted of, two drug offenses and a firearm offense. At sentencing, the District Court applied a career offender enhancement found in the United States...

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