United States v. Jeremy Roberts ( 2020 )

NOT RECOMMENDED FOR PUBLICATION
File Name: 20a0602n.06
No. 19-6337
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
FILED
UNITED STATES OF AMERICA, ) Oct 22, 2020
) DEBORAH S. HUNT, Clerk
Plaintiff-Appellee, )
)
ON APPEAL FROM THE
v. )
UNITED STATES DISTRICT
)
COURT FOR THE EASTERN
JEREMY ROBERTS, )
DISTRICT OF TENNESSEE
)
Defendant-Appellant. )
)
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.