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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
BRIAN BELL,
Defendant-Appellant.


No. 06-6248

Appeal from the United States District Court
for the Western District of Tennessee at Memphis.
No. 04-20265—J. Daniel Breen, District Judge.
Submitted: October 26, 2007
Decided and Filed: February 14, 2008
Before: KEITH and CLAY, Circuit Judges; STEEH, District Judge.

_________________________
OPINION
_________________________

CLAY, Circuit Judge. Defendant Brian Bell (“Bell”) appeals his conviction, following a jury trial, for possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), possession of cocaine base with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). Bell argues that the district court committed reversible error by admitting into evidence four prior state court drug convictions under Federal Rule of Evidence 404(b) for the purpose of proving absence of mistake or accident and intent. For the reasons that follow, we REVERSE the conviction and sentence imposed by the district court and REMAND the case to the district court for a new trial.


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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ROBERT LEE KING,
Defendant-Appellant.


No. 07-1012

Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 05-00247—Robert Holmes Bell, Chief District Judge.
Argued: December 5, 2007
Decided and Filed: February 14, 2008
Before: GUY, MOORE, and GILMAN, Circuit Judges.

_________________________
OPINION
_________________________

KAREN NELSON MOORE, Circuit Judge. In a matter of first impression for this court, we are asked to determine whether a court can consider only offenses that took place within a limited time period when considering what offenses qualify as a “prior conviction[] for a similar offense,” under 2006 U.S. Sentencing Guidelines Manual (“U.S.S.G.”) § 2D1.1(a)(1). Robert King (“King”) pleaded guilty to the distribution of fentanyl resulting in death in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C). When calculating King’s base offense level, the district court considered King’s 1984 conviction for delivery of marijuana to be a “prior conviction[] for a similar offense,” U.S.S.G. § 2D1.1(a)(1), which set King’s base offense level at 43. On appeal, King claims that § 2D1.1 contains implicit time limits that restrict the convictions that can be used, making his 1984 conviction too old to count under § 2D1.1(a)(1). According to King, the district court should have instead set his base offense level at 38 under § 2D1.1(a)(2). Today, we hold that § 2D1.1(a)(1) does not contain any implicit time limitations; therefore, the district court did not err when it considered King’s 1984 marijuana-delivery conviction. For the reasons explained below, we AFFIRM King’s sentence.