United States of America v. Matthew Davis

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Before Lynch, Chief Judge, Souter, *fn1 Associate Justice, and Stahl, Circuit Judge.

Defendant-appellant Matthew Davis was sentenced as a career offender pursuant to § 4B1.1 of the United States Sentencing Guidelines. While Davis’s appeal of his sentence was pending, we decided two cases that affected which types of Massachusetts convictions could be considered predicates for career offender status under § 4B1.1. See United States v. McGhee, 651 F.3d 153 (1st Cir. 2011); United States v. Holloway, 630 F.3d 252 (1st Cir. 2011). Regardless of these changes in the law, however, Davis cannot meet the exigencies of the plain error test in challenging his classification as a career offender, and we therefore affirm.

I. Facts & Background

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