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213443P.pdf 12/29/2022 United States v. Anthony Myers
U.S. Court of Appeals Case No: 21-3443
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Kelly, Author, with Loken, Circuit Judge, and Menendez,
District Judge]
Criminal case - Criminal law. Defendant's prior cocaine conviction under
Mo. Rev. Stat. Sec. 195.211 was not a serious drug offense for purposes of
imposing a sentencing enhancement under the Armed Career Criminal Act
because the version of the Missouri statute in place at the time of
defendant's conviction included certain isomers of cocaine not present in
the federal definition of cocaine, making Missouri's statute broader that
the federal definition of cocaine contained in 21 U.S.C. Sec. 812(c).
Judge Loken, dissenting.