Soto

I. FACTUAL AND PROCEDURAL

BACKGROUND

A. The Career-Offender Enhancement Defendants Soto and Reid both pled guilty to federal drug trafficking charges. At sentencing, they were each subjected to the career-offender enhancement, U.S.S.G. § 4B1.1, based on their past convictions under California Health & Safety Code § 11378 for distribution of amphetamine or methamphetamine. The federal career-offender enhancement substantially increases a defendant’s Sentencing Guidelines range. See U.S.S.G. § 4B1.1(b). A defendant qualifies for the career offender sentencing enhancement if:

(1) the defendant was at least eighteen years old at the time the defendant committed the instant offense of conviction; (2) the instant offense of conviction is a felony that is either a crime of violence or a controlled substance offense; and

1 To the extent that this Certification Order reveals information under seal, we unseal such information for purposes of this Order only.

USA V. SOTO

(3) the defendant has at least two prior felony convictions of either a crime of violence or a controlled substance offense.

U.S.S.G. § 4B1.1(a). U.S.S.G. §…