April 18, 2013 4th Circuit published opinion

United States v Medina-Campo

The district court concluded that Medina-Campos’ prior sate solicitation of drug trafficking conviction was a drug trafficking offense for sentencing guidelines purposes and sentenced to 50 months based on the higher guideline range. The panel affirmed. While noting that the guideline in question 2L1.2 did not list solicitation among the offenses constituting a drug trafficking offense, the panel held that conspiracy, attempt and aiding and abetting were only theories of criminal liability not separate offenses. As solicitation is like those other theories, it is proper to include Medina-Campos’ state conviction as a drug trafficking conviction and raise the guideline range. The panel noted it was joining the majority of circuits to consider the issue in holding that solicitation based convictions are trafficking convictions for sentencing guidelines purposes.

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