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182500P.pdf   08/16/2019  United States  v.  Edward Merritt
   U.S. Court of Appeals Case No:  18-2500
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Kelly, Author, with Smith, Chief Judge, and Kobes, Circuit 
   Judge] 
   Criminal case - Sentencing. Defendant's argument that a conspiracy to 
   distribute a controlled substance is not a controlled substance offense as 
   defined by the guidelines is foreclosed by U.S. v. Mendoza-Figeuroa, 65 
   F.3d 691 (8th Cir. 1995)(en banc); argument that a Section 846 conspiracy 
   is broader than generic conspiracy because it does not require an overt 
   act was raised for the first time on appeal and would be reviewed under 
   the plain error standard; there is no authority on this issue in this 
   circuit and a split of authority in other circuits, so even if there was 
   error, it could not be plain or obvious.