United States v. James McFarlin

U.S. Court of Appeals for the Eighth Circuit
United States v. James McFarlin, 306 F. App'x 342 (8th Cir. 2009)

United States v. James McFarlin

Opinion

PER CURIAM.

James Blake McFarlin appeals the 188-month prison sentence that the district court 1 imposed following his guilty plea to possessing with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B). For reversal, McFarlin argues that the district court improperly sentenced him as a career offender, because his prior Arkansas conviction for burglarizing a pharmacy, barber shop, and beauty shop should not have been classified as a “crime of violence” for purposes of triggering career-offender status. See U.S.S.G. §§ 4B1.1 (defining career offender); 4B1.2(a) (defining “crime of violence”). As McFarlin acknowledges, we have repeatedly held that commercial burglary is a “crime of violence” within the meaning of section 4B1.2. See United States v. Bell, 445 F.3d 1086, 1087-88 (8th Cir. 2006); United States v. Blahowski, 324 F.3d 592, 595 (8th Cir. 2003).

Accordingly, we affirm.

1

. The Honorable James M. Moody, United States District Judge for the Eastern District of Arkansas.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. James Blake McFARLIN, Appellant
Cited By
3 cases
Status
Unpublished