U.S. Court of Appeals for the Eighth Circuit, 2023

United States v. Christopher Bradley

United States v. Christopher Bradley
U.S. Court of Appeals for the Eighth Circuit · Decided October 6, 2023

United States v. Christopher Bradley

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-1056 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Christopher Alexander Bradley lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Northern District of Iowa - Eastern ____________ Submitted: September 18, 2023 Filed: October 6, 2023 [Unpublished] ____________ Before SMITH, Chief Judge, ARNOLD and ERICKSON, Circuit Judges. ____________ PER CURIAM.

Christopher Bradley pleaded guilty to illegally possessing a firearm, see 18 U.S.C. §§ 922(g)(1), (g)(9), & 924(a)(2), and to possessing marijuana with the intent to distribute it, see 21 U.S.C. § 841(a)(1), (b)(1)(D). At sentencing, the district court1 calculated Bradley's base offense level as 24 because he had previously been convicted of at least two felony controlled-substance offenses. The court sentenced him to 102 months' imprisonment.

Bradley maintains that the court erred in determining that he had at least two felony controlled-substance convictions. He says that the convictions he received, including three under Iowa Code § 124.401(1)(d), are broader than the generic definition of "controlled substance offense" as the Guidelines use that phrase. Bradley recognizes, though, that our court has already rejected his contention and held that convictions under § 124.401(1)(d) qualify as controlled-substance offenses. See, e.g., United States v. Bailey, 37 F.4th 467, 469 (8th Cir. 2022); see also United States v. Beard, 2022 WL 3269973, at *1 (8th Cir. Aug. 11, 2022). We are bound by this precedent. See Beard, 2022 WL 3269973, at *1.

Affirmed. ______________________________

The Honorable C.J. Williams, United States District Judge for the Northern District of Iowa. -2-

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