112905P.pdf   03/29/2013  United States  v.  Deondre Higgins
   U.S. Court of Appeals Case No:  11-2905
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Melloy, Author, with Loken and Bye, Circuit Judges]
   Criminal case - Criminal law and sentencing. Evidence was sufficient
   to support defendant's conviction for conspiracy to distribute cocaine and
   distribution of the drug; description of prior offense in defendant's
   Section 851 notice was a clerical mistake and did not deprive him of
   notice and the opportunity to dispute the conviction; because of grouping,
   defendant's 2001 delivery offense did not receive a criminal history point
   and the district court erred in considering it a prior felony conviction for
   career offender sentencing purposes; as a result, defendant's sentence on
   count five is vacated and the case is remanded for resentencing
   proceedings on that count; even if it was error for defendant's indictment
   to list the pre-Fair Sentencing Act quantities required under 21 U.S.C.
   Sec. 841(b)(1)(A)(iii), defendant has not show how the error affected the
   fairness and integrity of the proceedings and the court found, in any
   event, that the conspiracy involved the 280 or more grams of the drug
   now required under the Act.