Prior KS Drug Conviction Not A Felony for Sentencing Enhancement

U.S. v. Plakio, 2005 WL 2420965 (10/3/05)(unpub'd) - In a divided decision, the 10th holds that a prior drug conviction was not a felony under USSG § 2K2.1(a)(4) because the maximum punishment for someone with his criminal history was less than a year under the Kansas sentencing guidelines and after Apprendi the Kansas S.Ct. prohibited upward departures from the guidelines.