United States v. Butts, No. 21-3783 (6th Cir. 2022)

The Sixth Circuit affirmed the judgment of the district court sentencing Defendant to 120 months for his federal drug trafficking and firearm offenses, holding that a procedural error in calculating the Guidelines range did not affect the district court's selection of the sentence.

Defendant pleaded guilty to possession with intent to distribute controlled substances and two firearm possession offenses. The district court imposed concurrent sixty-month sentences on counts one and two followed by a mandatory consecutive sixty-month sentence on count three. The Sixth Circuit affirmed, holding (1) the district court erred in finding that one of Defendant's prior Ohio Robbery offenses was a predicate offense warranting a career-offender enhancement under the U.S. Sentencing Guidelines; but (2) the error did not warrant a remand because it was harmless.