Court of Appeals for the Eighth Circuit September 7, 1995, 93-2867 (United States v. Jose Maria Mendoza-Figueroa)

JOHN R. GIBSON, Senior Circuit Judge,

with whom McMILLIAN and MORRIS SHEPPARD ARNOLD, Circuit Judges, join, dissenting.

I respectfully dissent.

The Sentencing Commission, in enacting Guideline Section 4B1.1 and its accompanying commentary, stated without qualification that: “Section 4B1.1 implements [the mandate of 28 U.S.C.A. § 994(h) (1993 & Supp. 1995) ].