U.S. v. Pemberton

Dist. Ct. did not commit plain error in sentencing defendant to 15-year term of incarceration on drug distribution charge, where Dist. Ct. found that defendant’s 2003 Indiana conviction on charge of conspiracy to commit armed robbery qualified as “serious violent felony” under 18 USC sectio3559(c)(2)(f), which subjected defendant to 15-year mandatory minimum sentence. While defendant argued on appeal that Indiana’s crime of conspiracy was not categorical match to federal conspiracy counterpart, defendant forfeited said argument because he failed to raise it in Dist. Ct. Moreover, Dist. Ct. did not plainly err in finding that Indiana conspiracy to commit armed robbery statute was violent felony, where it was not obvious that federal generic definition of conspiracy included or excluded unilateral theory of conspiracy that was included in Indiana statute.