From Casetext: Smarter Legal Research

U.S. v. Evans

United States Court of Appeals, Eleventh Circuit
Feb 5, 2004
358 F.3d 1311 (11th Cir. 2004)

Summary

holding prior conviction involving delivery of chalk, rather than cocaine, a "controlled substance offense"

Summary of this case from U.S. v. Mills

Opinion

No. 02-16095.

February 5, 2004.

Floyd M. Buford, Jr., Buford Buford, Macon, GA, for Defendant-Appellant.

Charles L. Calhoun, Macon, GA, for Plaintiff-Appellee.

Appeal from the United States District Court for the Middle District of Georgia.

Before EDMONDSON, Chief Judge, and BIRCH and FARRIS, Circuit Judges.

Honorable Jerome Farris, United States Circuit Judge for the Ninth Circuit, sitting by designation.


Evans contends that his conviction is not a controlled substance offense because it involved the delivery of chalk rather than cocaine. Prior circuit authority has considered and answered the precise questions raised by his appeal.

There is no dispute that Evans pleaded guilty to an offense covered by the controlled substance statute, 21 U.S.C. §§ 841(a)(1) and 846.

Under U.S.S.G. § 4B1.1(a)(2), we look only to the elements of the crime of conviction and not the conduct underlying the crime. United States v. Lipsey, 40 F.3d 1200, 1201 (11th Cir. 1994); See also United States v. Frazier, 89 F.3d 1501 (11th Cir. 1996). A conviction for attempt required proof only that Evans possessed the mens rea required for the underlying crime and took a substantial step toward the commission of that crime. United States v. Carothers, 121 F.3d 659, 661 (11th Cir. 1997).

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; (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.

These requirements were met here.

AFFIRMED.


Summaries of

U.S. v. Evans

United States Court of Appeals, Eleventh Circuit
Feb 5, 2004
358 F.3d 1311 (11th Cir. 2004)

holding prior conviction involving delivery of chalk, rather than cocaine, a "controlled substance offense"

Summary of this case from U.S. v. Mills

finding that attempt to distribute cocaine under §§ 846 and 841 qualifies as a "controlled substance offense"

Summary of this case from Green v. United States
Case details for

U.S. v. Evans

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Charles EVANS…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Feb 5, 2004

Citations

358 F.3d 1311 (11th Cir. 2004)

Citing Cases

Wimbush v. United States

Under § 841(b)(1), any violation of § 841(a) is ‘punishable by a term of imprisonment exceeding one year.'”…

U.S. v. Mills

Every court to consider the issue has concluded, as we now hold, that state simulated or look-a-like drug…