United States v. Shumate, 329 F.3d 1026,
1030-1031 (9th Cir. May 20, 2003) (Oregon: the omission of
solicitation from the offenses listed in the application note
as included in U.S.S.G. § 4B1.1 as predicate offenses was
not legally significant because, under the Guidelines, the
term "includes" is not exhaustive, so conviction
of solicitation of delivery of marijuana is a controlled substance
offense for purposes of a career offender enhancement).
jurisdiction:
Ninth Circuit