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United States v. Mayne

United States Court of Appeals, Eighth Circuit

April 14, 2015

United States of America, Plaintiff - Appellee
v.
Christopher John Mayne, Defendant - Appellant

Submitted February 12, 2015.

Appeal from United States District Court for the Northern District of Iowa - Dubuque.

For United States of America, Plaintiff - Appellee: Lisa C. Williams, U.S. Attorney, U.S. ATTORNEY'S OFFICE, Northern District of Iowa, Cedar Rapids, IA.

For Christopher John Mayne, Defendant - Appellant: John Bishop, Cedar Rapids, IA.

Christopher John Mayne, Defendant - Appellant, Pro se, Terre Haute, IN.

Before BYE, BEAM, and BENTON, Circuit Judges.

OPINION

BENTON, Circuit Judge.

Police searched Christopher John Mayne's vehicle, seizing 180 pseudoephedrine pills, methamphetamine, and other items used to manufacture meth. He pled guilty to possession of pseudoephedrine knowing it would be used to manufacture meth, in violation of 21 U.S.C. § 841(c)(2). Mayne had three prior felonies. The district

Page 706

court[1] determined he was a career offender under section 4B1.1 of the federal sentencing guidelines. Mayne appeals. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

This court reviews the " interpretation and application of the sentencing guidelines de novo." United States v. Mohr, 772 F.3d 1143, 1145 (8th Cir. 2014).

A defendant is a career offender 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 (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). Mayne believes he is not a career offender because he interprets " controlled substance offense" not to include his instant offense.

A " controlled substance offense" is a law " punishable by imprisonment for a term exceeding one year, that prohibits the manufacture, import, export, distribution, or dispensing of a controlled substance (or a counterfeit substance) or the possession of a controlled substance (or a counterfeit substance) with intent to manufacture, import, export, distribute, or dispense." Id. § 4B1.2(b). Mayne relies on Application Note 1 of section 4B1.2, which specifically lists § 841(c)(1) as a " ...


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