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UNITED STATES v. DUPREE

No. 19-13776.

57 F.4th 1269 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Brandon Romel DUPREE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Filed: January 18, 2023.

Attorney(s) appearing for the Case

Peter J. Sholl , Dawn A. Tiffin , U.S. Attorney Service — Middle District of Florida, U.S. Attorney, U.S. Attorney's Office, Tampa, FL, for Plaintiff-Appellee.

Conrad Benjamin Kahn , Joshua Roy Lukman , Rosemary Cakmis , Federal Public Defender's Office, Orlando, FL, for Defendant-Appellant.

Caleb Kruckenberg , Pacific Legal Foundation, Arlington, VA, for Amicus Curiae.

Luck, Circuit Judge, filed a dissenting opinion, in which Branch, Circuit Judge, joined.

This appeal requires us to consider whether an inchoate offense qualifies as a "controlled substance offense" for purposes of the career offender sentencing enhancement under the United States Sentencing Guidelines. U.S. Sent'g Guidelines Manual § 4B1.2(b) (U.S. Sent'g Comm'n 2018). In this case, the district court...

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