Broussard

MEMORANDUM **

Alced Broussard was convicted by a jury of two counts of distributing cocaine base, one count of possession of PCP with intent to distribute, and one count of conspiracy to distribute over 50 grams of a mixture containing cocaine base. The district court sentenced Broussard to 300 months in prison on each of the four counts, to be served concurrently.

Broussard appeals his convictions, claiming that the prosecution engaged in misconduct by referring to excluded testimony in closing argument. He also appeals his sentence, contending that the sentencing court erred by finding that he had committed a crime of violence and was a career offender as a result of a prior conviction for escape.

We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the conviction. However, we hold that the court erred in finding Broussard to be a career criminal and remand for resentencing in accordance with this holding.

Discussion

I. The Convictions

Broussard contends that the prosecution engaged in misconduct during closing argument by referring to testimony the court had ordered stricken. In particular, Broussard argues that the district court struck the entirety of Henry…