Dist. Ct. did not err in treating defendant as career offender under section 4B1.1 of USSG when imposing 151-month term of incarceration on charge of possessing cocaine with intent to deliver under 21 USC section 841(a)(1), where said treatment was based, in part, on his prior Illinois conviction for delivery of controlled substance in violation of 720 ILCS 570/401. Ct. rejected defendant’s claim that said conviction did not qualify as “controlled substance offense” for purposes of section 4B1.2(b), where Ct. found that: (1) instant Ill. statute required that defendant actually deliver controlled substance to another; and (2) as such, Ill. statute fell within definition of controlled substance offense under section 4B1.2(b) for purposes of applying career offender treatment.
Federal 7th Circuit Court
Criminal Court
Sentencing