United States v. Walker, No. 16-4367 (4th Cir. 2017)Annotate this Case
Defendant appealed the district court's application of a sixteen-level sentencing enhancement after pleading guilty to illegal reentry after being convicted of an aggravated felony. The Fourth Circuit affirmed, holding that defendant's prior conviction under Ohio Rev. Code Ann. 2925.03(A)(2) categorically qualifies as a "drug trafficking offense" as defined in U.S.S.G. 2L1.2, cmt. n.1(B)(iv) (2015). Because the Ohio statute in this case requires that defendant have knowledge that the controlled substance is intended for sale, the statute does not apply to simple possession.