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: Fourth Circuit Blog

Virginia Controlled Substance Conviction Is ?Controlled Substance Offense,? Even If State Statute Is Broader Than Federal

By Jonathan Byrne

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US v. Ward:Ward was convicted of distributing cocaine and classified as a career offender. The basis for that designation was two prior convictions in Virginia for possession of heroin with intent to distribute. The district court rejected Ward?s argument that because the Virginia statute at issue defined ?controlled substances? more broadly than federal law his prior convictions could not be ?controlled substance offenses.? He was sentenced to 120 months in prison. The Fourth Circuit affirmed Ward?s sentence, but did so in a divided fashion. The court noted that the Guideline definition of controlled substance offense required a violation of eitherfederal or state law that then must by punishable by more than one year in prison and involve particular actions involving a ?controlled substance...continue to full post

Full post as published by Fourth Circuit Blog on August 31, 2020 (boomark / email).