Receiving proceeds from drug activity is controlled substance offense for sentence enhancement purposes

SENTENCING United States v. Smith (Clyde), No. 04-5085, ___ F.3d ___ (10th Cir. Jan. 4, 2006)(N.D. Oklahoma). Appeal of sentence for possession of firearm after former felony conviction in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). HELD: Oklahoma conviction for receiving or acquiring proceeds derived from illegal drug activity is controlled substance offense. Therefore, sentence enhancement under U.S.S.G § 2K2.1(a)(2) for committing offense after conviction of controlled substance offense was proper. Read the opinion here.