United States v. Crum, No. 17-30261 (9th Cir. 2019)Annotate this Case
The Ninth Circuit vacated defendant's sentence imposed after he pleaded guilty to being a felon in possession of a firearm. The panel held that defendant's prior conviction for delivery of methamphetamine in violation of Oregon law does not qualify as a "controlled substance offense" under USSG 2K2.1(a)(4)(A) and 4B1.2(b). The panel rejected defendant's argument that the Oregon statue sweeps more broadly than the federal controlled substance offense because it criminalizes soliciting the delivery of methamphetamine. Therefore, the district court should have applied a base level offense of 20 under section 2K2.1(a)(4)(A). Accordingly, the panel remanded for resentencing.