United States v. Pridgeon, No. 15-15739 (11th Cir. 2017)
Annotate this CaseDefendant appealed his 84 month sentence after being convicted of one count of possession with intent to distribute five grams or more of methamphetamine and one count of distribution of methamphetamine. Defendant argued that the district court erred in sentencing him as a career offender under USSG 4B1.1. The court concluded that defendant's convictions under section 893.13 of the Florida Statutes, for sale or delivery of a controlled substance and possession of a controlled substance with intent to sell, qualify as predicate "controlled substance offenses" for purposes of the career offender enhancement, and that the Commission did not exceed its statutory authority in defining "controlled substance offense" in a way that includes offenses lacking an element of mens rea regarding the illicit nature of the controlled substance. Accordingly, the court affirmed the district court's application of the career offender enhancement and defendant's sentence.
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