United States v. Jason Lee

We consider whether the district court erred by sentencing Jason Lee as a career offender under U.S. Sentencing Guidelines Manual § 4B1.1 based on his two prior convictions under California Health and Safety Code § 11352(a). We hold that the government has not satisfied its burden of showing that one of these two convictions qualifies as a predicate offense and remand for the district court to reconsider Lee’s career offender status.

I.

Jason Lee was convicted of distributing crack cocaine in violation of 21 U.S.C. § 841 . The district court sentenced Lee as a career offender under U.S. Sentencing Guidelines Manual § 4B1.1 after concluding that his two prior convictions under California Health & Safety Code § 11352(a) qualified as controlled substance offenses. The guidelines recommended 262 to 327 months’ imprisonment. After considering the 18 U.S.C. § 3553 (a) factors, the court sentenced Lee to 180 months.

Lee timely appeals, arguing that the district court erred when it classified him as a career offender.

II.

We review de novo a district court’s interpretation of the guidelines and its determination that a defendant qualifies as a career offender under § 4B1.1.…