Testo completo
1The Honorable James M. Moody, United States District Judge for the Eastern
District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 08-1003
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * Eastern District of Arkansas.
*
James Blake McFarlin, * [UNPUBLISHED]
*
Appellant. *
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Submitted: December 19, 2008
Filed: January 12, 2009
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Before MELLOY, COLLOTON, and SHEPHERD, Circuit Judges.
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PER CURIAM.
James Blake McFarlin appeals the 188-month prison sentence that the district
court 1 imposed following his guilty plea to possessing with intent to distribute
methamphetamine, in violation of 21 U.S.C. § 841(a)(1)(A), (b)(1)(B). For reversal,
McFarlin argues that the district court improperly sentenced him as a career offender,
because his prior Arkansas conviction for burglarizing a pharmacy, barber shop, and
beauty shop should not have been classified as a “crime of violence” for purposes of
triggering career-offender status. See U.S.S.G. §§ 4B1.1 (defining career offender);
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4B1.2(a) (defining “crime of violence”). As McFarlin acknowledges, we have
repeatedly held that commercial burglary is a “crime of violence” within the meaning
of section 4B1.2. See United States v. Bell, 445 F.3d 1086, 1087-88 (8th Cir. 2006);
United States v. Blahowski, 324 F.3d 592, 595 (8th Cir. 2003).
Accordingly, we affirm.
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