United States v. Miles
Opinion of the Court
MEMORANDUM
Miles appeals from his sentence of eighty-seven months imprisonment and three years supervised release. He challenges the district court’s determination that his two previous felony convictions under Ohio Revised Code § 2925.03 qualified as controlled substance offenses under section 4B1.2(b) of the United States Sentencing Guidelines (Guidelines). We have jurisdiction pursuant to 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291, and we affirm.
The “reasonable cause to believe” language from the Ohio statute only relates to the defendant’s knowledge of a third-party’s intent to sell (not the case here), and does not impermissibly lower the standard of intent necessary for conviction to ship, transport, deliver, etc. Similarly, the fact that the statute criminalizes mere “transport” and “preparation” does not cause the statute to fall outside the Guidelines definition. A defendant could only be convicted for these actions if he also knew or had reason to know that the controlled substances were intended for sale, which distinguishes this case from United States v. Rivera-Sanchez, 247 F.3d 905 (9th Cir. 2001) (en banc).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- United States v. Jevon Lee MILES
- Cited By
- 4 cases
- Status
- Published