United States v. Castillo

A defendant is a "career offender" if (1) the defendant was at least 18 years old at the time of the instant offense of conviction; (2) the instant offense is a felony that is either a crime of violence or a controlled substance offense; and (3) the defendant has at least two prior felony convictions of either a crime of violence or a controlled substance offense. U.S.S.G. § 4B1.1(a). A "controlled substance offense" is defined as "an offense. . .that prohibits the manufacture, import, export, distribution, or dispensing of a controlled substance (or a counterfeit substance) or the possession of a controlled substance (or a counterfeit substance) with intent to manufacture, import, export, distribute, or dispense." Id. § 4B1.2(b). A "controlled substance offense" is defined as "[A]n offense. . .that prohibits the manufacture, import, export, distribution, or dispensing of a controlled substance (or a counterfeit substance) or the possession of a controlled substance (or a counterfeit substance) with intent to manufacture, import, export, distribute, or dispense." Id. § 4B1.2(b).

Defendant pleaded guilty to conspiracy to distribute methamphetamine.  The district court accepted the presentence report’s determination that Defendant was a career offender for controlled substances offenses as defined by the United States Sentencing Guidelines Manual §§ 4B1.1; 4B1.2(b), Application Note 1, and applied the corresponding sentencing enhancement.  Defendant appealed his sentence and argued conspiracy to distribute was not a "controlled substance offense" that met criteria for career offender status under § 4B1.1.  A defendant is a "career offender" if (1) the defendant was at least 18 years old at the time of the instant offense of conviction; (2) the instant offense is a felony that is either a crime of violence or a controlled substance offense; and (3) the defendant has at least two prior felony convictions of either a crime of violence or a controlled substance offense.  U.S.S.G. § 4B1.1(a). A "controlled substance offense" is defined as "an offense. . .that prohibits the manufacture, import, export, distribution, or dispensing of a controlled substance (or a counterfeit substance) or the possession of a controlled substance (or a counterfeit substance) with intent to manufacture, import, export, distribute, or dispense." Id. § 4B1.2(b). The Court found that the plain language of § 4B1.2(b) does not include inchoate crimes as "controlled substance offenses". Applying Kisor v. Wilkie, 139 S. Ct. 2400 (2019), the Court held that the rule's commentary in Application Note 1 impermissibly extended the definition of a "controlled substance offense" beyond the rule itself.  As such, Defendant's conviction was not a "controlled substance offense" that qualified for a career offender enhancement under §§ 4B1.1; 4B1.2(b).  VACATED and REMANDED.