United States v. Jason Lee
2012 U.S. App. LEXIS 26562
| 9th Cir. | 2012Background
- Lee was sentenced as a career offender under §4B1.1 based on two California Health & Safety Code §11352(a) convictions.
- District court treated these convictions as controlled-substance offenses and imposed 262–327 months guidance range; Lee received 180 months.
- Lee appeals contending the district court erred in classifying him as a career offender.
- Panel reviews de novo the interpretation of the guidelines and career-offender determination under §4B1.1.
- Court applies categorical and modified-categorical approaches to determine if §11352(a) convictions are predicate offenses; remands for reconsideration of career-offender status.
- Because the San Francisco conviction does not qualify, the sentence is vacated and remanded to consider whether Alameda County and other convictions qualify
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether San Francisco §11352(a) conviction qualifies as a predicate | Lee contends it does not meet predicate criteria. | Lee's records show selling/offering to sell cocaine base. | San Francisco conviction not a predicate under modified-categorical approach |
| Whether Alameda County §11352(a) conviction qualifies as predicate | Alameda record proves selling/offering to sell cocaine base. | Records ambiguous about plea specifics; probation findings lacking. | Alameda conviction qualifies as a predicate offense |
| Proper approach to determining predicate offenses | Modified categorical approach applicable when record is conclusive. | Record inconclusive for San Francisco; government bears burden to prove predicate. | Court applies both approaches; inconclusiveness requires remand |
Key Cases Cited
- Taylor v. United States, 495 U.S. 575 (1990) (establishes categorical and modified categorical approaches)
- United States v. Crawford, 520 F.3d 1072 (9th Cir. 2008) (defines categorical approach for predicate offenses)
- United States v. Gonzalez-Aparicio, 663 F.3d 419 (9th Cir. 2011) (comparison to federal definitions of offenses)
- Young v. Holder (en banc), 697 F.3d 976 (9th Cir. 2012) (inconclusive record under modified categorical approach remains inconclusive for government)
- United States v. Vidal, 504 F.3d 1072 (9th Cir. 2007) (‘as charged’ incorporation of indictment affects pleading scope)
- United States v. Snellenberger, 548 F.3d 699 (9th Cir. 2008 (en banc)) (use of minute orders to prove pled to a count)
- United States v. Shumate, 329 F.3d 1026 (9th Cir. 2003) (solicitation can qualify as a controlled-substance offense)
- United States v. Kovac, 367 F.3d 1116 (9th Cir. 2004) ((quoted) burden on government to prove predicate offense)