United States v. Avery Edwards

Opinion

United States Court of Appeals For the Eighth Circuit

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No. 23-3618

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United States of America

Plaintiff - Appellee

v.

Avery Jamal Edwards

Defendant - Appellant

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Appeal from United States District Court for the Western District of Arkansas - Fayetteville

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Submitted: October 21, 2024 Filed: November 14, 2024

[Unpublished]

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Before SHEPHERD, KELLY, and STRAS, Circuit Judges.

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PER CURIAM.

Avery Edwards pleaded guilty to being a felon in possession of a firearm, see 18 U.S.C. § 922(g)(1), and received a 96-month prison sentence. He argues that the base offense level the district court1 adopted was too high because his prior Arkansas

1 The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas.

conviction of delivering methamphetamine is not a “controlled substance offense” under the Sentencing Guidelines. See U.S.S.G. §§ 2K2.1(a)(4)(A), 4B1.2(b)(1).

As Edwards candidly admits, United States v. Henderson, 11 F.4th 713, 717– 19 (8th Cir. 2021), stands in the way of his argument. We held there that, under the “plain meaning” of the Sentencing Guidelines, a “controlled substance offense” covers more than what is prohibited by federal law alone. Id. at 719. It also “include[s] prior convictions for controlled substance offenses ‘under . . . state law,’” id. (quoting U.S.S.G. § 4B1.2(b)), regardless of what the federal drug schedules say, see 21 U.S.C. §§ 811, 812. Following Henderson’s reasoning, Edwards’s conviction for delivering methamphetamine counts. See Ark. Code §§ 5- 64-422, 5-64-419. We accordingly affirm the judgment of the district court.

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