U.S. Court of Appeals for the Eighth Circuit, 2022

United States v. Darnell McConnell, II

United States v. Darnell McConnell, II
U.S. Court of Appeals for the Eighth Circuit · Decided March 14, 2022

United States v. Darnell McConnell, II

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 21-1086 ___________________________ United States of America Plaintiff - Appellee v. Darnell McConnell, II Defendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Eastern ____________ Submitted: December 13, 2021 Filed: March 14, 2022 [Unpublished] ____________ Before SMITH, Chief Judge, GRUENDER and KOBES, Circuit Judges. ____________ PER CURIAM.

Darnell McConnell II pleaded guilty to being a felon in possession of a firearm, 18 U.S.C. § 922(g)(1). He has a prior Illinois conviction for manufacture/delivery of a controlled substance (cocaine), 720 ILCS 570/401(d).

The PSR recommended a base offense level enhancement under U.S.S.G. § 2K2.1(a) for the prior felony controlled substance conviction. McConnell argued that his Illinois conviction was not a controlled substance offense. The district court1 overruled the objection and accepted the PSR’s Guidelines calculation. McConnell appeals. We review whether a prior conviction qualifies as a controlled substance offense under the Guidelines de novo. United States v. Williams, 926 F.3d 966, 969 (8th Cir. 2019).

Our precedent forecloses McConnell’s argument. We recently held in United States v. Henderson, 11 F.4th 713, 719 (8th Cir. 2021), that 720 ILCS 570/401 is a “controlled substance offense” for the § 2K2.1(a) enhancement. We are bound by this decision. United States v. Riza, 267 F.3d 757, 760 (8th Cir. 2001).

The judgment of the district court is affirmed. ______________________________

The Honorable John A. Jarvey, Chief Judge, United States Court for the Southern District of Iowa. -2-

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