Fifth Circuit - Categorical Approach

United States v. Montgomery, 974 F.3d 587 (5th Cir. 2020). Louisiana simple burglary of an inhabited dwelling is a violent felony under the ACCA.

United States v. Kendrick, 980 F.3d 432 (5th Cir. 2020). The court did not plainly err in ruling that conspiracy to distribute marijuana was a controlled substance offense under §4B1.2. Circuit precedent held that Application Note 1 to §4B1.2 properly included drug conspiracies as qualifying offenses.

United States v. Frierson, 981 F.314 (5th Cir. 2020). Louisiana “Prohibited acts--Schedule II penalties” is divisible by controlled substance. The Shepard-approved documents showed that the defendant’s conviction was for possession with intent to distribute cocaine, a controlled substance offense under §4B1.2(b).

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