Tuesday, June 01, 2021

Prior SC Conviction for Possession With Intent to Distribute Crack Is Career Offender Predicate

US v. Williams: Williams pleaded guilty to being a felon in possession of a firearm. At sentencing, his offense level was increased due to two prior convictions that were classified as “controlled substance offenses.” Williams objected, arguing that one of them, a 2003 conviction for possession with intent to distribute crack cocaine in South Carolina, did not meet the definition of controlled substance offense. The district court disagreed, overruled Williams’ objection, and sentenced him to 70 months in prison, a nearly two-year variance from the bottom of the advisory Guideline range. 

On appeal, the Fourth Circuit affirmed Williams’ sentence. Williams first argued that the Government failed to prove that the 2003 conviction was a controlled substance offense because the documents related to that sentencing were unclear. The court concluded that any uncertainty was caused by a clerical error and that was “not sufficient to refute the government’s showing that Williams’ crime of conviction is the offense plainly spelled out on the sentencing sheet.” Williams also argued that the possession-with-intent offense in South Carolina was overly broad because it allowed juries to conclude that possession of “one or more grams” of crack was evidence of possession and, thus, allowed for convictions involving simple possession. The court disagreed, relying on state law that held this was a “permissive inference” that “still requires the State to convince the jury that the suggested conclusion should be inferred based on the predicate facts proved.”

 

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