Dist. Ct. erred in sentencing defendant to 210-month term of incarceration on drug manufacturing and distribution charges, where said sentence was based in part on finding that defendant qualified for career offender treatment under section 4B1.1 of USSG due to his prior Illinois conviction on charge of attempted procurement of anhydrous ammonia with intent that it be used to manufacture methamphetamine. Said conviction did not qualify as “controlled substance offense” under career offender provisions and guidelines since anhydrous ammonia is not listed as covered chemical and is not itself controlled substance. Moreover, remand was required since Dist. Ct. failed to indicate that he would have imposed same sentence absent career offender enhancement.
Federal 7th Circuit Court
Criminal Court
Sentencing