U.S. v. Mendoza-Figueroa, No. 93-2867 (8th Cir.) (65 F.3d 691) (September 7, 1995) (Judge James B. Loken)
In this en banc decision, the 8th Circuit joins a majority of courts that have upheld the right of the Sentencing Commission to include "conspiracies" to posses drugs for purposes of the Armed Career Criminal enhancement. But there is a strong and persuasive dissent by three judges.
A divided en …
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