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Bare Offer to Sell Drugs Is Now Drug-Trafficking Offense Under Illegal Reentry Guideline; Still Not Plain Error to Apply Higher Guidelines In Effect at Time of Sentencing

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United States v. Marban-Calderon, No. 09-40207 (Higginbotham, Smith, Elrod) As you'll recall, the Fifth Circuit has in the past held that a Texas conviction for delivery of a controlled substance was not categorcially a "drug trafficking offense" under guideline §2L1.2, because the offense can be committed by a bare offer to sell drugs.  You'll also recall that the Sentencing Commission amended

Full post as published by Fifth Circuit Blog on January 18, 2011 (boomark / email).

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