USCA4 Appeal: 24-4082 Doc: 58 Filed: 10/20/2025 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-4082

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JARMARL THORNTON,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:21-cr-00080-REP-1)

Submitted: October 16, 2025 Decided: October 20, 2025

Before KING, AGEE, and RICHARDSON, Circuit Judges.

Affirmed by unpublished per curiam opinion.

ON BRIEF: Geremy C. Kamens, Federal Public Defender, Salvatore M. Mancina, Assistant Federal Public Defender, Laura J. Koenig, Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant. Erik S. Siebert, United States Attorney, Stephen W. Miller, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-4082 Doc: 58 Filed: 10/20/2025 Pg: 2 of 3

PER CURIAM:

Jarmarl Thornton pled guilty, pursuant to a conditional plea agreement, to

possession of a firearm by a convicted felon, in violation of

(g)(1), and

possession with intent to distribute fentanyl and cocaine, in violation of

(a)(1), (b)(1)(C). The district court classified Thornton as a career offender and

sentenced him to 151 months’ imprisonment. Thornton appeals, and we affirm.

Thornton first challenges his § 922(g)(1) conviction as unconstitutional under New

York State Rifle & Pistol Ass’n v. Bruen,

(2022). But as Thornton

acknowledges, both his facial and as-applied challenges to § 922(g)(1)’s constitutionality

are squarely foreclosed by our decisions in United States v. Canada,

(4th

Cir. 2024), and United States v. Hunt,

(4th Cir. 2024).

Next, Thornton challenges his career offender classification by relying on United

States v. Campbell,

(4th Cir. 2022) (holding that West Virginia

offense of delivery of crack cocaine, which defined “delivery” to include “attempted

transfer,” was not a “controlled substance offense” under the Sentencing Guidelines).

Thornton contends that his prior drug conviction under

does not

categorically qualify as a controlled substance offense under U.S. Sentencing Guidelines

Manual § 4B1.2(b) (2021) because—unlike that operative version of the Guidelines

Manual—the statute covers attempt offenses. But we recently rejected the same argument

in United States v. Nelson, __ F.4th __, __,

, at *4 (4th Cir. Aug. 15,

2025), where we confirmed that

remains a proper career

offender predicate.

2 USCA4 Appeal: 24-4082 Doc: 58 Filed: 10/20/2025 Pg: 3 of 3

Because the arguments Thornton raises on appeal are foreclosed by binding

precedent, 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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