United States v. Abdulaziz, No. 19-2030 (1st Cir. 2021)
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The First Circuit vacated the judgment of the district court imposing a five-year prison sentence upon Defendant for committing a federal firearms offense, holding that the district court erred in resolving what constitutes a "controlled substance" within the meaning of section 2K2.1(a)(2) of the United States Sentencing Guidelines.
On appeal, Defendant argued that the district court erred in applying at his sentencing the enhancement set forth in section 2K2.1(a)(2), which subjects a defendant who has been convicted of a 18 U.S.C. 922(g) offense to a higher base offense level under the Guidelines if he committed the offense "subsequent to sustaining at least two felony convictions of either a crime of violence or a controlled substance offense." Specifically, Defendant argued that his prior Massachusetts conviction for possession with intent to distribute "marihuana" did not qualify as a conviction of a "controlled substance offense" under section 2K2.1(a)(2). The First Circuit vacated the judgment below, holding that Defendant's Massachusetts conviction was not a conviction of a "controlled substance offense" within the meaning of that term as it was used in the version of section 2K2.1(a)(2) that was applicable at Defendant's sentencing.
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