U.S. v. Smith

Dist. Ct. did not err in sentencing defendant to 188-month term of incarceration on drug distribution and firearms charges, where said sentence was based, in part, on finding that defendant qualified for career-offender enhancement under section 4B1.1 of USSG, due to fact that his two prior Indiana felony convictions qualified as controlled substance offenses. Ct. rejected defendant’s argument that his 2009 Indiana conviction for “Dealing in cocaine or narcotic drug” did not qualify as controlled substance offense because it criminalized more conduct than Guidelines’ definition of controlled substance offense. Moreover, relevant Indiana statute (section 35-48-4-1) is divisible, and that under modified categorical approach, defendant was charged with and ultimately pleaded guilty to knowing possession with intent to deliver controlled substance, which matched Guidelines’ definition of controlled substance offense.