United States v. Smith, No. 18-11155 (5th Cir. 2019)Annotate this Case
The Fifth Circuit affirmed defendant's sentence for being a felon in possession of a firearm. The court held that the district court did not err by increasing defendant's criminal history level based on his prior state court conviction for use of methamphetamine in violation of California Health and Safety Code 11550(a). The court rejected defendant's contention that his conviction was similar to a conviction for "public intoxication" and should have been exempt under USSG 4A1.2(c)(2). The court held that all of the common-sense factors show differences between (a) Use/Under the Influence of a Controlled Substance and (b) "public intoxication" laws; other circuits have rejected defendant's arguments regarding the instant statute; and California has an offense that is more similar to "public intoxication."