UNITED STATES OF AMERICA v. WILLIE GARTH - Articles

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UNITED STATES OF AMERICA v. WILLIE GARTH

Posted by: Tanja Trezise on Jul 14, 2020

Head Comment: COLE delivered a separate opinion concurring in part and in the judgment.

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Erin P. Rust, FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Chattanooga, Tennessee, for Appellant. Daniel J. Richardson, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

Attorneys 2: ON BRIEF: Erin P. Rust, FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Chattanooga, Tennessee, for Appellant. Debra A. Breneman, UNITED STATES ATTORNEY’S OFFICE, Knoxville, Tennessee, Christopher D. Poole, UNITED STATES ATTORNEY’S OFFICE, Chattanooga, Tennessee, for Appellee.

Judge(s): COLE, Chief Judge; McKEAGUE and KETHLEDGE, Circuit Judges

Court Appealed: Appeal from the United States District Court for the Eastern District of Tennessee at Chattanooga

McKEAGUE, Circuit Judge. Under the United States Sentencing Guidelines, a defendant’s sentence in federal court can be enhanced by his prior conviction in state court. An earlier state drug crime, for instance, will often boost prison time for a federal one. But not always. The guidelines have just one definition of drug crimes that can enhance sentences (“controlled-substance offenses”), yet each state defines its drug crimes in its own way—sometimes in ways that venture beyond the guidelines’ definition. Willie Garth’s appeal from his sentence requires us to decide whether his prior Tennessee conviction for possessing marijuana with intent to deliver counts as a sentence-enhancing controlled-substance offense. We hold that it does, and affirm Garth’s sentence.

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