3d Cir. Holds District Court Erred in Applying "Crime of Violence" Career Offender Enhancement Based on Prior Conspiracy to Commit Robbery Conviction
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In United States v. Henderson, No. 18-1894, at *2-3 (3d Cir. Mar. 29, 2023), Henderson was indicted for possession with intent to distribute 40 grams or more of fentanyl, a crime to which she pleaded guilty without a plea agreement. The District Court applied the career offender enhancement, raising the applicable Guideline range from 70 to 87 months' imprisonment to 188 to 235 months' imprisonment. This enhancement was based on two prior convictions: one for possession with intent to deliver heroin, and the other for conspiracy to commit robbery. The District Court deemed the latter as a "crime of violence," leading to Henderson's appeal against the application of the career offender enhancement.
3d Cir. Holds District Court Erred in Applying "Crime of Violence" Career Offender Enhancement Based on Prior Conspiracy to Commit Robbery Conviction
3d Cir. Holds District Court Erred in…
3d Cir. Holds District Court Erred in Applying "Crime of Violence" Career Offender Enhancement Based on Prior Conspiracy to Commit Robbery Conviction
In United States v. Henderson, No. 18-1894, at *2-3 (3d Cir. Mar. 29, 2023), Henderson was indicted for possession with intent to distribute 40 grams or more of fentanyl, a crime to which she pleaded guilty without a plea agreement. The District Court applied the career offender enhancement, raising the applicable Guideline range from 70 to 87 months' imprisonment to 188 to 235 months' imprisonment. This enhancement was based on two prior convictions: one for possession with intent to deliver heroin, and the other for conspiracy to commit robbery. The District Court deemed the latter as a "crime of violence," leading to Henderson's appeal against the application of the career offender enhancement.