United States v. Bradford Allen
909 F.3d 671
4th Cir.2018Background
- Defendant Bradford D. Vol Allen pleaded guilty to unlawful possession of firearms by a convicted felon (18 U.S.C. §§ 922(g)(1), 924(a)(2)).
- Presentence report (PSR) relied on two prior convictions: (1) a 2009 conviction under 21 U.S.C. § 843(b) for using a communication facility to facilitate possession with intent to distribute cocaine base; (2) a consolidated 2007 North Carolina judgment for misdemeanor marijuana possession and second-degree trespass.
- Probation recommended increasing Allen’s base offense level to 24 under U.S.S.G. § 2K2.1(a)(2) based on two prior felony "controlled substance offenses," including the § 843(b) conviction.
- Probation also recommended one criminal-history point under U.S.S.G. § 4A1.1(c) for the North Carolina consolidated judgment.
- District court overruled Allen’s objections, adopted the PSR, calculated an advisory Guidelines range of 84–105 months, and imposed a downward-variance sentence of 77 months. Allen appealed two sentencing rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a § 843(b) conviction counts as a "controlled substance offense" for § 2K2.1(a)(2) enhancement | Allen: § 843(b) sweeps more broadly than the Guidelines definition; categorical analysis shows it does not qualify | Government: Guidelines commentary (Application Note 1 to § 4B1.2) treats § 843(b) as a controlled-substance predicate when the underlying offense is a controlled-substance offense | Court: Commentary is authoritative under Stinson; Allen’s § 843(b) conviction qualifies because the underlying offense was possession with intent to distribute cocaine base |
| Whether one criminal-history point was properly assigned for a North Carolina consolidated judgment | Allen: Consolidated judgment included one offense ineligible for a point, so the judgment should not be counted (or the point removed) | Government: The marijuana-possession misdemeanor is separately countable; the inclusion of a non-countable trespass offense in the consolidated judgment does not negate the countable offense | Court: Proper to assign one point for the marijuana-possession conviction; the trespass had no effect on the score |
Key Cases Cited
- Stinson v. United States, 508 U.S. 36 (1993) (Guidelines commentary is authoritative unless unconstitutional, inconsistent, or plainly erroneous)
- United States v. Walton, 56 F.3d 551 (4th Cir. 1995) (treating § 843(b) convictions as predicates where they aided an underlying drug distribution offense)
- United States v. McCollum, 885 F.3d 300 (4th Cir. 2018) (de novo review of whether prior conviction qualifies under the Guidelines)
- Rosemond v. United States, 572 U.S. 65 (2014) (aider-and-abettor liability principle supports treating aiders as principals)
- United States v. Williams, 176 F.3d 714 (3d Cir. 1999) (post-ratification holding that § 843(b) conviction is a controlled-substance offense for career-offender analysis)