United States v. Simmons

After defendant pled guilty to federal drug trafficking, the district court held that his prior state convictions for marijuana possession, for which he faced no possibility of imprisonment, was for an offense "punishable by imprisonment for more than one year," triggering a sentencing enhancement under the Controlled Substances Act, 21 U.S.C. 841. This enhancement doubled defendant's minimum sentence. The court affirmed in an unpublished opinion. The Supreme Court vacated that judgment and remanded the case to the court for "further consideration in light of Carachuri-Rosendo v. Holder." A panel of the court then held that Carachuri did not require any change in the court's prior holding. The court voted to rehear the case en banc and subsequently vacated defendant's sentence and remanded for further proceedings.