111 F.4th 899
8th Cir.2024Background
- Nethaniah Gordon pleaded guilty in 2023 to being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
- Gordon had a 2013 Iowa conviction for Possession of Marijuana with Intent to Deliver and another conviction for Assault with Intent to Inflict Serious Injury.
- The Presentence Investigation Report (PSR) classified Gordon’s Iowa marijuana conviction as a "controlled substance offense" under the U.S. Sentencing Guidelines, setting his base offense level at 26.
- Gordon objected, arguing that his prior marijuana conviction should not count as a predicate offense, since Iowa law changed in 2019 to legalize hemp and the federal Controlled Substances Act also no longer includes hemp.
- The district court, relying on Eighth Circuit precedent, overruled the objection and adopted the PSR. Gordon was sentenced to 96 months in prison and appealed this determination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gordon's prior Iowa conviction for marijuana with intent to deliver qualifies as a predicate controlled substance offense for guideline enhancement | Iowa’s law now excludes hemp, so the prior conviction shouldn’t count under current law | Precedent holds court looks to state law at time of conviction, not current law | Against Gordon |
Key Cases Cited
- United States v. Henderson, 11 F.4th 713 (8th Cir. 2021) (controlled substance offense under Guidelines determined by state law at time of prior conviction)
- United States v. Bailey, 37 F.4th 467 (8th Cir. 2022) (prior convictions under Iowa’s hemp-inclusive law qualify as predicate offenses for Guidelines)
- United States v. Watkins, 91 F.4th 955 (8th Cir. 2024) (panels bound by earlier panel decisions)
- Brown v. United States, 144 S. Ct. 1195 (2024) (for ACCA, the law at time of offense controls; indicates similar reasoning for guideline issues, though distinct)