USCA4 Appeal: 22-4537 Doc: 35 Filed: 12/27/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-4537

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

TIMOTHY JAROD GRIER,

Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., District Judge. (1:21-cr-00385-WO-1)

Submitted: December 19, 2023 Decided: December 27, 2023

Before WILKINSON and AGEE, Circuit Judges, and KEENAN, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

ON BRIEF: Marilyn G. Ozer, Chapel Hill, North Carolina, for Appellant. Sandra J. Hairston, United States Attorney, Margaret M. Reece, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-4537 Doc: 35 Filed: 12/27/2023 Pg: 2 of 2

PER CURIAM:

Timothy Jarod Grier pleaded guilty to possession with intent to distribute fentanyl,

in violation of

(a)(1), (b)(1)(C). The district court sentenced Grier below

the advisory Sentencing Guidelines range to 144 months’ imprisonment. On appeal, Grier

challenges his career offender designation, arguing that his prior North Carolina

convictions pursuant to

(a)(1) do not qualify as controlled substance

offenses after United States v. Campbell,

(4th Cir. 2022), for purposes of U.S.

Sentencing Guidelines Manual § 4B1.2 (2021). We affirm.

This court considers de novo whether a prior conviction is a controlled substance

offense under the Guidelines. United States v. Miller,

(4th Cir. 2023).

In Miller, we held that

(a) “is a categorical match” with the

definition of a controlled substance offense in the Guidelines.

. Thus, the

district court did not err in finding that Grier’s prior North Carolina convictions qualified

as controlled substance offenses under USSG § 4B1.2.

Accordingly, we affirm the criminal judgment. We dispense with oral argument

because the facts and legal contentions are adequately presented in the materials before this

court and argument would not aid the decisional process.

AFFIRMED

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