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UNITED STATES v. CAMPBELL

No. 20-4256.

22 F.4th 438 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Trey Cardale CAMPBELL, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 7, 2022.

Attorney(s) appearing for the Case

ARGUED: Jenny R. Thoma , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Wheeling, West Virginia, for Appellant. Timothy David Helman , OFFICE OF THE UNITED STATES ATTORNEY, Martinsburg, West Virginia, for Appellee. ON BRIEF: Aaron D. Moss , Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Martinsburg, West Virginia, for Appellant. William J. Powell , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for Appellee.

Vacated and remanded for resentencing by published opinion. Judge Motz wrote the opinion in which Chief Judge Gregory and Judge Thacker joined.

This appeal raises the question of whether, as the district court determined, commission of an attempt crime constitutes a "controlled substance offense" supporting a career offender sentencing enhancement. Because the Sentencing Guidelines' definition of a "controlled substance offense" does not include an attempt...

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