213524P.pdf   08/15/2023  United States  v.  Jaime Campos
   U.S. Court of Appeals Case No:  21-3524
                          and No:  21-3646
                          and No:  21-3677
   U.S. District Court for the Southern District of Iowa - Central   
   [PUBLISHED] [Kelly, Author, with Smith, Chief Judge, and Grasz, Circuit 
   Judge] 
   Criminal case - Sentencing. Texas case law indicates that a defendant can 
   be convicted of offering to sell a controlled substance under Texas Health 
   and Safety Code Sec. 481.112(a) without having the intent to distribute or 
   dispense drugs; as a result, an offer-to-sell conviction is thus 
   categorically broader than an attempt to commit a controlled substance 
   offense under the Guidelines, and defendant Campos's two prior Texas 
   offer-to-sell convictions do not qualify as predicate controlled substance 
   convictions for purposes of the career-offender enhancement; it was error 
   to impose the enhancement, and his sentence is vacated and the matter 
   remanded for resentencing; similarly, defendant Watson's convictions for 
   violation of the same section did not qualify, and he must be resentenced, 
   as well; defendant Stamps objected to the factual assertions in the PSR 
   that formed the basis for her enhancements for obstruction of justice and 
   making a violent threat and the government failed to present evidence at 
   sentencing to prove the allegations, thereby depriving the court of the 
   opportunity to make a credibility determination as to whose account - 
   defendant or the jail house informer - was more believable; the government 
   thus failed to meet its burden as to both enhancements, and defendant 
   Stamps's sentence is vacated; she shall be resentenced based on the 
   existing record. Judge Grasz, dissenting.