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United States v. Charles Evans

UNITED STATES of America, Plaintiff-Appellee, v. Charles EVANS, Defendant-Appellant

United States v. Evans, 358 F.3d 1311 (11th Cir. 2004)
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Court
Court of Appeals for the Eleventh Circuit · U.S. Courts of Appeals
Decided
February 5, 2004
Docket
No. 02-16095
Judges
Edmondson, Birch, Farris
Citations
358 F.3d 13112004 WL 213181

Opinion — Farris

FARRIS, Circuit Judge:

Evans contends that his conviction is not a controlled substance offense because it involved the delivery of chalk rather than cocaine. Prior circuit authority has considered and answered the precise questions raised by his appeal.

There is no dispute that Evans pleaded guilty to an offense covered by the controlled substance statute, 21 U.S.C. §§ 841 (a)(1) and 846.

Under U.S.S.G. § 4Bl.l(a)(2), we look only to the elements of the crime of conviction and not the conduct underlying the crime.

United States v. Lipsey, 40 F.3d 1200, 1201 (11th Cir.1994);

See also United States v. Frazier, 89 F.3d 1501 (11th Cir.1996). A conviction for attempt required proof only that Evans possessed the mens rea required for the underlying-crime and took a substantial step toward the commission of that crime.

United States v. Carothers, 121 F.3d 659, 661 (11th Cir.1997).

A defendant is a “career offender” if (1) the defendant was at least eighteen years old at the time the defendant committed the instant offense; (2) the instant offense of conviction is a felony that is either a crime of violence or a controlled substance offense; and (3) the defendant has at least two prior felony convictions of either a crime of violence or a controlled substance offense. U.S.S.G. § 4B1.1.

These requirements were met here.

AFFIRMED.

How later courts describe this case

Explanatory parentheticals written by citing courts — 3 in all; the most informative distinct ones are shown.

Cited by 10 cases

View all citing references →
2004: 12007: 22010: 12011: 12017: 12020: 22023: 12024: 120042026peak 2007 · 2

Relies on it most ⓘ

  1. United States v. Dobbs629 F.3d 1199 (10th Cir. 2011)
  2. United States v. Crittenden372 F.3d 706 (5th Cir. 2004)
  3. United States v. Hudson618 F.3d 700 (7th Cir. 2010)
  4. United States v. Andre Mills485 F.3d 219 (4th Cir. 2007)
  5. United States v. Lindon Amede977 F.3d 1086 (11th Cir. 2020)
  6. Charles Evans v. United States218 F. App'x 924 (11th Cir. 2007)

Most recent

  1. Wimbush v. United StatesNo. 8:22-cv-00205 (M.D. Fla. Apr. 15, 2024)
  2. Moore v. United StatesNo. 8:22-cv-01598 (M.D. Fla. Aug. 1, 2023)
  3. United States v. Lindon Amede977 F.3d 1086 (11th Cir. 2020)
  4. Green v. United StatesNo. 8:18-cv-02860 (M.D. Fla. Apr. 3, 2020)
  5. United States v. Norris WilliamsNo. 16-16822 (11th Cir. Dec. 19, 2017)
  6. United States v. Dobbs629 F.3d 1199 (10th Cir. 2011)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
United States v. Frazier, 89 F.3d 1501 (11th Cir. 1996) 65
United States v. Carothers, 121 F.3d 659 (11th Cir. 1997) 18
United States v. Lipsey, 40 F.3d 1200 (11th Cir. 1994) 13

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