Camara

United States v. Camara

Good Law
81 F. App'x 135
United States Court of Appeals for the Ninth CircuitNovember 12, 2003No. 02-50568; D.C. No. CR-00-1095-GAF-13California485 words

Opinion

Lead Opinion

MEMORANDUM **

George Camara appeals his sentence from a conviction for conspiracy to possess with intent to distribute cocaine. We affirm.

Camara argues that the district court erred in considering him a “career offender” for purposes of sentencing because one of his prior convictions resulted in a civil commitment to the California Rehabilitation Center (“CRC”) instead of *136 criminal custody. A “career offender” under U.S.S.G. § 4Bl.l(a) is someone who is at least eighteen years old, who has previously been convicted of two or more felonies that are crimes of violence or controlled substance offenses, and for whom the instant offense is a felony that is a crime of violence or a controlled substance offense. A “controlled substance offense” is defined in U.S.S.G. § 4BL2(b) as “an offense under federal or state law, punishable by a term of imprisonment of more than one year,” that prohibits certain activities involving a controlled substance. There is no question that Camara’s 1993 convictions were controlled substance offenses for purposes of § 4B1.2. See United States v. Sandoval-Venegas, 292 F.3d 1101, 1107 (9th Cir.2002).

Section 4B1.2 is predicated upon the offense’s…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.