Dist. Ct. did not err in sentencing defendant to 120-month term of incarceration, after finding that defendant qualified for career offender treatment under section 4B1.1 of USSG based on prior Wisconsin convictions for possessing tetrahydrocannabinol and for manufacturing/delivery of cocaine.. Ct. rejected defendant’s invitation to reconsider holding in Ruth, 966 F.3d 642, where court held that underlying offense need not involve substance controlled by Controlled Substances Act in order to qualify as predicate “controlled substance offense” for purpose of career offender enhancement under section 4B1.1 of USSG. Ct. further found that Dist. Ct. adequately and meaningfully considered defendant’s mitigation evidence that concerned his substance abuse, his adverse childhood upbringing and mental health struggles.
Federal 7th Circuit Court
Criminal Court
Sentencing