United States v. Twiggs
2012 U.S. App. LEXIS 10238
| 8th Cir. | 2012Background
- Twiggs pleaded guilty to three counts of knowingly distributing a substance containing cocaine base in violation of 21 U.S.C. § 841(a)(1).
- The district court sentenced Twiggs as a career offender under § 4B1.1 after determining a prior state conviction was a controlled substance offense under § 4B1.2(b).
- The key issue was whether Twiggs’s prior state conviction involved possession with intent to distribute as charged, not mere possession.
- At sentencing, the government introduced state-court documents; issues arose about a signed Judgment, the Petition to Enter Plea of Guilty, and the nature of the offense.
- The district court ultimately found the prior offense was possession with intent to distribute and applied the career-offender provisions, plus a § 5K1.1 departure.
- Twiggs challenged the classification and argued the record did not conclusively prove an intent-to-distribute conviction; this court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Twiggs's prior state conviction qualifies as a controlled-substance offense | Twiggs | Twiggs | Record supports intent-to-distribute conviction |
| Standard of review for district court's finding of a prior conviction | Twiggs | Twiggs | Preponderance of the evidence; clear-error review applied to factual finding |
| Effect of unsigned Judgment on admissibility of state records | Twiggs | Twiggs | Unsigned Judgment does not invalidate the record; certified records admissible |
| Application of Shepard v. United States to this case | Twiggs | Twiggs | Shepard does not control; not limited to Shepard materials for this factual inquiry |
Key Cases Cited
- United States v. Forrest, 611 F.3d 908 (8th Cir. 2010) (factual inquiry on prior conviction deference)
- United States v. Augustine, 663 F.3d 367 (8th Cir. 2011) (preponderance standard for credibility of sentencing evidence)
- United States v. Robinson, 639 F.3d 489 (8th Cir. 2011) (definition of controlled-substance offense including possession with intent to distribute)
- United States v. Redding, 16 F.3d 298 (8th Cir. 1994) (certified records admissible to prove prior convictions)
- State v. Robb, 439 S.W.2d 510 (Mo. 1969) (reliability of certified state records)
- Bowers v. State, 330 S.W.3d 832 (Mo. Ct. App. 2011) (unsigned judgments do not impair validity)
- State v. Skaggs, 248 S.W.2d 635 (Mo. 1952) (improper entry of judgment does not affect validity)
- Shepard v. United States, 544 U.S. 13 (2005) (limits on use of conduct-based records in modified categorical approach; not controlling here)