United States v. Jeffery Havis (6th Cir. June 2019), EN BANC

Sitting en banc, the Fifth Circuit held that the Commission’s commentary and Application Notes cannot be read into the text of a Guidelines provision and that the Commission’s use of commentary to add elements and definitions to Guidelines provisions “deserves no deference.” Since § 4B1.2, the provisions enhancing the sentencing range for career offenders, does not, by its own text, include attempt crimes as “controlled substance offenses,” prior convictions for attempted crimes do not fall under § 4B1.2(b).

United States v. Clifford Gandy, Jr. (11th Cir. March 2019)

The Court affirmed the defendant’s sentence as a “career offender” under § 4B1.1 of the Guidelines after finding that the defendant’s prior Florida conviction for battery was a “crime of violence” pursuant to the modified categorical approach.
Published by Pate & Johnson
Contact Tom Church at tom@patejohnson.com with any comments, questions or feedback.

© 2019 The Federal Docket