United States v. Dozier

100 Citing cases

  1. Strain v. United States

    No. 5:14-CR-60-FL-1 (E.D.N.C. Aug. 24, 2017)   Cited 3 times
    Finding the elements of N.C. Gen. Stat. § 90-95 and the West Virginia statute at issue in Dozier were materially indistinguishable, and thus "[N.C. Gen. Stat. § 90-95] is a categorical match" with generic controlled substance offense

    The Fourth Circuit's recent decision in United States v. Dozier is instructive. 848 F.3d 180 (4th Cir. 2017). In that case, the Fourth Circuit determined that West Virginia's "controlled substance offense" was a categorical match with the generic "controlled substance offense," as contemplated by the Sentencing Guidelines.

  2. United States v. Collins

    No. 18-4525 (4th Cir. Mar. 31, 2020)

    When a defendant is convicted pursuant to a state's general attempt statute which encompasses all or nearly all substantive crimes, "two sets of elements are at issue: the elements of attempt and the elements of the underlying . . . offense." United States v. Dozier, 848 F.3d 180, 185 (4th Cir. 2017) (emphasis in original); see also United States v. Dinkins, 928 F.3d 349, 358 (4th Cir. 2019). Though we have held that "both the inchoate crime and the underlying offense are subject to [the] categorical approach," McCollum, 885 F.3d at 305, we have also recognized that general attempt statutes do not set forth standalone crimes, Dozier, 848 F.3d at 185, and "must be considered in relation to the object crime," Dinkins, 928 F.3d at 359.

  3. United States v. McCollum

    885 F.3d 300 (4th Cir. 2018)   Cited 90 times
    Holding that federal conspiracy to commit murder in aid of racketeering was not a crime of violence under § 4B1.2

    When evaluating a defendant’s prior conviction for an inchoate offense listed in the commentary to § 4B1.2(a), "two sets of elements are at issue: the elements of [the inchoate crime] and the elements of the underlying ... offense." United States v. Dozier , 848 F.3d 180, 185–86 (4th Cir. 2017). Both the inchoate crime and the underlying offense are subject to Taylor ’s categorical approach.

  4. United States v. Creech

    5:20-CR-167-FL-1 (E.D.N.C. Dec. 17, 2021)

    “When addressing whether a prior conviction triggers a Guideline sentencing enhancement, [courts] approach the issue categorically, looking only to the fact of conviction and the statutory definition of the prior offense.” United States v. Dozier, 848 F.3d 180, 183 (4th Cir. 2017); Simmons, 917 F.3d at 317 (explaining that “[i]n applying the categorical approach to determine if an offense falls within the scope of the enumerated offenses clause, ” the court must follow “a ‘well-established procedure'”).This means

  5. Sutton v. United States

    CRIMINAL ACTION 1:17CR27 (N.D.W. Va. Jul. 30, 2021)

    “[S]entencing courts must compare the state and generic elements of such statutes as well as the elements of the underlying substantive statutory offense when determining whether a prior attempt conviction qualifies as a controlled substance offense.” United States v. Dozier, 848 F.3d 180, 182 (4th Cir. 2017). Pursuant to § 4B1.1 of the United States Sentencing Guidelines, a defendant is a career offender if, among other factors, “[he] 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).

  6. United States v. Faison

    Case No.: GJH-19-27 (D. Md. Feb. 18, 2020)   Cited 3 times

    Id. The Government argues that United States v. Dozier, 848 F.3d 180 (4th Cir. 2017), is binding on this Court. ECF No. 104 at 17-18.

  7. United States v. Williams

    997 F.3d 519 (4th Cir. 2021)   Cited 11 times
    Discussing clerical errors in sentencing sheet

    This appeal therefore presents a legal issue regarding the application of the Guidelines, which we review de novo. See United States v. Dozier , 848 F.3d 180, 182–83 (4th Cir. 2017). III.

  8. United States v. Pritchett

    No. 18-4003 (4th Cir. Aug. 1, 2018)   Cited 2 times

    We review the issue of whether a prior conviction constitutes a controlled substance offense for purposes of a sentencing enhancement de novo. United States v. Dozier, 848 F.3d 180, 183 (4th Cir. 2017). When a claim of procedural error is preserved, we "'must reverse if we find error, unless we can conclude that the error was harmless.'"

  9. Roth v. U.S.

    Crim. Action 1:21-CR-46-2 (N.D.W. Va. May. 6, 2024)

    Thus, on June 28, 2022, Judge Kleeh issued a memorandum opinion and order applying U.S.S.G. § 2K2.1(a)(1), finding that defendant's prior convictions qualified as controlled substance offenses under the Guidelines. This conclusion relied on the argument that Campbell conflicted with the Fourth Circuit's earlier holding in United States v. Dozier, 848 F.3d 180 (4th Cir. 2017), which found that W.Va. § 60A-4-401(a) was divisible under the modified categorical approach.

  10. United States v. Hughes

    CRIMINAL ACTION 5:22-cr-00105 (S.D.W. Va. Jan. 16, 2024)

    ” Id. (alterations in original) (quoting United States v. Dozier, 848 F.3d 180, 183 (4th Cir. 2017) (internal quotation marks omitted)). If the elements of the prior offense criminalize conduct broader than the Guidelines definition of a controlled substance offense, that prior offense does not qualify as a controlled substance offense.