United States v. Leroy Tate

United States Court of Appeals
For the Eighth Circuit
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No. 22-1119
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Leroy C. Tate
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - Cape Girardeau
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Submitted: December 12, 2022
Filed: January 13, 2023
[Unpublished]
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Before LOKEN, MELLOY, and KOBES, Circuit Judges.
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PER CURIAM.
Leroy Tate pled guilty to possession with intent to distribute fifty grams or
more of methamphetamine. Tate appeals the finding that he qualified as a career
offender under the sentencing guidelines § 4B1.1(a). We affirm.
Tate had two convictions for the sale of low-THC cannabis, or hemp, in
Missouri in 2004 and 2010. The district court1 found the two prior convictions were
controlled substance offenses under U.S.S.G. § 4B1.2(b). With the two controlled
substance offenses Tate qualified as a career offender under U.S.S.G. § 4B1.1(a).
Missouri removed hemp as a controlled substance in 2018. Tate argues the
change in law should disqualify his convictions as controlled substance offenses.
After this appeal was filed, the Eighth Circuit expressly rejected this argument.
United States v. Bailey, 37 F.4th 467, 470 (8th Cir. 2022), petition for cert. filed,
(U.S. Oct. 18, 2022) (No. 22-5877) (“we may not look to current state law to define
a previous offense” (citations omitted)). Therefore, the “uncontested prior marijuana
convictions under the hemp-inclusive version of” Missouri law “categorically
qualified as controlled substance offenses for the career offender enhancement.” Id.(citations omitted).
We affirm the judgment of the district court.
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1
The Honorable Stephen N. Limbaugh, Jr. United States District Judge for the
Eastern District of Missouri.
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