United States v. Frierson, No. 19-31048 (5th Cir. 2020)Annotate this Case
The Fifth Circuit affirmed defendant's concurrent, within-Guidelines sentences of 120 months for being a felon in possession of a firearm and 151 months for possessing with intent to distribute a controlled substance. The court held that the district court did not err by applying the career offender enhancement because Louisiana R.S. 40:967 is divisible and, under the modified categorical approach, sufficiently narrow to serve as a predicate for a career offender sentence enhancement under section 4B1.1(a). Therefore, defendant's previous conviction under Louisiana R.S. 40:967 was a valid predicate offense for the sentence enhancement in this case.