US v. Quintin Davis, No. 20-4433 (4th Cir. 2023)
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Defendant appealed from the judgment of conviction and sentence entered against him in August 2020. Two years earlier, in August 2018, Defendant was indicted in that court for possession with intent to distribute fentanyl and oxycodone, (the “distribution offense”), plus possession of a firearm in furtherance of a drug trafficking crime, (the “firearm offense”). In December 2018, a jury convicted Defendant on both those offenses. During the sentencing proceedings, the court found Defendant to be a “career offender” under Sentencing Guidelines section 4B1.1(a), in that Defendant had seven prior South Carolina felony convictions supportive of such an enhancement (including, four South Carolina felony convictions for distribution of cocaine base). The court then sentenced Defendant to 120 months in prison for the distribution offense — plus 60 consecutive months for the firearm offense — for an aggregate prison term totaling 180 months. On appeal, Defendant pursued four challenges to his convictions and sentence.
The Fourth Circuit affirmed. The court explained that he “distribution” offense of South Carolina Code section 44- 53-375(B) does not criminalize the attempt offense of “attempted distribution,” but rather the completed offense of “attempted transfer.” Accordingly, the court ruled today that a section 44-53-375(B) distribution offense is not categorically disqualified from being treated as a Guidelines “controlled substance offense.” As a result of that ruling, Defendant’s contention that four of his prior drug distribution convictions — as punished by section 44-53-375(B) of the South Carolina Code — is without merit. The district court thus did not err by deeming Defendant to be a Guidelines career offender.
The court issued a subsequent related opinion or order on July 10, 2023.
The court issued a subsequent related opinion or order on August 1, 2023.
The court issued a subsequent related opinion or order on August 1, 2023.
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