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    United States v. Watson, 4th Cir. (2009)

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    The Supreme Court vacated a prior ruling in this case. The defendant, Bobby Lee Watson, appealed his 20-year sentence for possession with intent to distribute cocaine, arguing a recent Supreme Court decision affected whether his prior North Carolina conviction qualified as a felony drug offense. However, the appeals court found the Supreme Court's ruling supported, rather than contradicted, prior rulings that Watson's North Carolina conviction was punishable by more than one year and was properly considered a felony drug offense. Therefore, the appeals court upheld Watson's 20-year sentence.

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    United States v. Watson, 4th Cir. (2009)

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    Scribd Government Docs
    43 views4 pages
    The Supreme Court vacated a prior ruling in this case. The defendant, Bobby Lee Watson, appealed his 20-year sentence for possession with intent to distribute cocaine, arguing a recent Supreme Court decision affected whether his prior North Carolina conviction qualified as a felony drug offense. However, the appeals court found the Supreme Court's ruling supported, rather than contradicted, prior rulings that Watson's North Carolina conviction was punishable by more than one year and was properly considered a felony drug offense. Therefore, the appeals court upheld Watson's 20-year sentence.

    Original Description:

    Filed: 2009-07-07 Precedential Status: Non-Precedential Docket: 08-4904

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    The Supreme Court vacated a prior ruling in this case. The defendant, Bobby Lee Watson, appealed his 20-year sentence for possession with intent to distribute cocaine, arguing a recent Supreme Court decision affected whether his prior North Carolina conviction qualified as a felony drug offense. However, the appeals court found the Supreme Court's ruling supported, rather than contradicted, prior rulings that Watson's North Carolina conviction was punishable by more than one year and was properly considered a felony drug offense. Therefore, the appeals court upheld Watson's 20-year sentence.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    43 views4 pages

    United States v. Watson, 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    The Supreme Court vacated a prior ruling in this case. The defendant, Bobby Lee Watson, appealed his 20-year sentence for possession with intent to distribute cocaine, arguing a recent Supreme Court decision affected whether his prior North Carolina conviction qualified as a felony drug offense. However, the appeals court found the Supreme Court's ruling supported, rather than contradicted, prior rulings that Watson's North Carolina conviction was punishable by more than one year and was properly considered a felony drug offense. Therefore, the appeals court upheld Watson's 20-year sentence.

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    Vacated by Supreme Court, June 21, 2010

    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT

    No. 08-4904

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    BOBBY LEE WATSON,
    Defendant - Appellant.

    Appeal
    from
    the
    United
    States
    District
    Court
    Western District of North Carolina, at Charlotte.
    Whitney, District Judge. (3:03-cr-00220-FDW-6)

    Submitted:

    May 29, 2009

    Decided:

    for
    the
    Frank D.

    July 7, 2009

    Before NIEMEYER, MICHAEL, and KING, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Claire J. Rauscher, Executive Director, Ann L. Hester, FEDERAL


    DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North
    Carolina, for Appellant. Gretchen C. F. Shappert, United States
    Attorney, Charlotte, North Carolina; Amy E. Ray, Assistant
    United States Attorney, Asheville, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    In a prior appeal, we affirmed the conviction of Bobby
    Lee Watson on a charge of possession with intent to distribute
    fifty grams or more of cocaine base, in violation of 21 U.S.C.
    841(a)(1)

    (2006).

    determination

    We

    that

    also

    Watsons

    affirmed
    North

    the

    Carolina

    district

    courts

    conviction

    for

    maintaining a vehicle for the keeping or selling of drugs, in


    violation

    of

    constituted

    N.C.

    Gen.

    felony

    Stat.

    drug

    Ann.

    offense

    and

    90-108(a)(7)
    subjected

    (2007),

    him

    to

    the

    enhanced penalties under 21 U.S.C.A. 841(b)(1)(A) (West 1999 &


    Supp. 2008).

    Although Watson was subject to a maximum sentence

    of ten months on this charge based on his criminal history, the


    maximum term of imprisonment allowable under the statute was
    greater

    than

    one

    year

    and

    thus

    qualified

    as

    prior

    felony

    See United States v. Jones, 195 F.3d 205, 206-07

    conviction.

    (4th Cir. 1999) (holding that a prior North Carolina conviction


    qualified

    as

    crime

    punishable

    by

    imprisonment

    for

    term

    exceeding one year if any defendant charged with that offense


    could be sentenced to greater than one year of imprisonment);
    see also United States v. Harp, 406 F.3d 242 (4th Cir. 2005)
    (reaching

    same

    enhancement).

    conclusion

    in

    context

    of

    career

    offender

    However, we found that Watson had only one prior

    conviction that qualified as a felony drug offense, rather than


    two, and therefore vacated his life sentence and remanded for
    2

    resentencing

    within

    the

    statutory

    sentencing

    range

    of

    twenty

    years to life.
    On resentencing, the district court imposed a twentyyear sentence.

    Watson now appeals and argues that a recent

    decision of the Supreme Court requires a contrary resolution of


    the

    determination

    of

    whether

    his

    North

    Carolina

    offense

    qualifies as a felony drug offense.


    In United States v. Rodriguez, 128 S. Ct. 1783 (2008),
    the

    Supreme

    Court

    held

    that

    the

    phrase

    maximum

    term

    of

    imprisonment . . . prescribed by law for the offense was not


    meant to apply to the top sentence in a guidelines range.
    at 1792.

    Id.

    Rather, the maximum term of imprisonment was to be

    determined based on the maximum set by the recidivist provision


    of the statute.

    This ruling supports, rather than contradicts,

    our decisions in Jones and Harp.


    Because

    Rodriguez

    does

    not

    amount

    to

    controlling

    authority that is contrary to this courts earlier determination


    that Watsons North Carolina conviction was punishable by more
    than one year, it does not provide an exception to the law of
    the case doctrine.

    See United States v. Aramony, 166 F.3d 655,

    661 (4th Cir. 1999).

    Accordingly, we uphold the determination

    that Watson had a prior felony drug conviction, and we affirm


    his 240-month sentence.
    file

    pro

    se

    We deny Watsons motion for leave to

    supplemental

    brief.
    3

    We

    dispense

    with

    oral

    argument because the facts and legal contentions are adequately


    presented in the materials before the court and argument would
    not aid the decisional process.
    AFFIRMED

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