U.S. v. Haltiwanger

1 Analyses of this case by attorneys

  1. Does Carachuri-Rosendo overrule U.S. v. Hill?

    Kansas DefendersCarl FolsomDecember 28, 2012

    In other words, the government cannot rely on a state misdemeanor drug possession conviction as an aggravated felony simply because the offense could have been charged as a felony. Here is analysis of the case from Scotusblog. In United States v. Haltiwanger, 637 F.3d 881, 883 (8th Cir. 2011), the Eighth Circuit used the holding in Carachuri–Rosendo and the earlier holding in Rodriquez to determine whether a prior Kansas a drug tax stamp conviction qualifies as a felony under 21 U.S.C. § 841(b)(1): After reconsidering our decision in light of Carachuri–Rosendo, we now believe the magistrate judge's analysis of the Rodriquez decision was sound. Because the Kansas sentencing structure links maximum terms of imprisonment directly to a particular defendant's recidivism (or lack thereof), we believe Carachuri–Rosendo and Rodriquez require us to take into account the seven-month cap on Haltiwanger's individual sentence when determining whether the tax stamp conviction qualifies as a felony under 21 U.S.C. § 841(b)(1).