Opinion
No. 19-6337
10-22-2020
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JEREMY ROBERTS, Defendant-Appellant.
NOT RECOMMENDED FOR PUBLICATION
File Name: 20a0602n.06 ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE Before: McKEAGUE, THAPAR, and LARSEN, Circuit Judges.
LARSEN, Circuit Judge. Jeremy Roberts pleaded guilty to possession of a firearm by a felon. Pursuant to U.S.S.G. § 2K2.1(a)(3), the district court increased his Sentencing Guidelines base offense level due to a prior conviction for possession of methamphetamine with intent to deliver or sell in violation of Tenn. Code Ann. § 39-17-417(a)(4). Roberts challenges the district court's conclusion, arguing that under United States v. Havis, 927 F.3d 382 (6th Cir. 2019) (en banc), his prior conviction does not qualify as a "controlled substance offense" under the Guidelines. See U.S.S.G. § 4B1.2(b). After Roberts filed his appellate brief, a panel of this court addressed this very argument and rejected it. See United States v. Garth, 965 F.3d 493, 495-99 (6th Cir. 2020) (holding that possession of a controlled substance with intent to deliver or sell in violation of Tenn. Code Ann. § 39-17-417(a)(4) qualifies as a "controlled substance offense" under U.S.S.G. § 4B1.2(b)). Persuaded by Garth's analysis (and bound by it, in any event), Roberts' prior conviction qualifies as a controlled substance offense, and the district court did not err in calculating his base offense level. We AFFIRM.