United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 05-3062
___________
United States of America, *
*
Plaintiff - Appellee, *
* Appeal from the United States
v. * District Court for the Western
* District of Missouri.
Matthew Andrew Key, *
* [UNPUBLISHED]
Defendant - Appellant. *
___________
Submitted: February 15, 2006
Filed: March 31, 2006
___________
Before RILEY, HEANEY, and MELLOY, Circuit Judges.
___________
PER CURIAM.
Matthew Andrew Key pled guilty to possession with intent to distribute
cocaine base, in violation of 21 U.S.C. § 841(a)(1). He received a sentence of 262
months and brought a timely appeal of his sentence. Following oral argument, Key
filed a motion for remand, alleging that the trial court committed plain error when it
found him to be a career offender for purposes of United States Sentencing
Guidelines § 4B1.1. In response, the government conceded that one of the
convictions used to qualify Key as a career offender, his 1997 Missouri conviction
for Trafficking Drugs, Second Degree, does not satisfy the requirements of U.S.S.G.
§ 4B1.2(b). Therefore, Key does not have “at least two prior felony convictions of
either a crime of violence or a controlled substance offense,” and Key does not
qualify as a career offender for purposes of U.S.S.G. § 4B1.1.
Accordingly, we vacate Key’s sentence and remand for resentencing.
______________________________
-2-