United States v. James McFarlin

306 F. App'x 342

• Court: Court of Appeals for the Eighth Circuit
• Decided: January 12, 2009
• Docket: 08-1003
• Status: Unpublished

Opinion

PER CURIAM.

James Blake McFarlin appeals the 188-month prison sentence that the district court 1 imposed following his guilty plea to possessing with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B). For reversal, McFarlin argues that the district court improperly sentenced him as a career offender, because his prior Arkansas conviction for burglarizing a pharmacy, barber shop, and beauty shop should not have been classified as a “crime of violence” for purposes of triggering career-offender status. See U.S.S.G. §§ 4B1.1 (defining career offender); 4B1.2(a) (defining “crime of violence”). As McFarlin acknowledges, we have repeatedly held that commercial burglary is a “crime of violence” within the meaning of section 4B1.2. See United States v. Bell, 445 F.3d 1086, 1087-88 (8th Cir.2006); United States v. Blahowski, 324 F.3d 592, 595 (8th Cir.2003).

Accordingly, we affirm.

1 . The Honorable James M. Moody, United States District Judge for the Eastern District of Arkansas.