65 F.4th 166
4th Cir.2023Background:
- In 2014 Groves pleaded guilty to aiding and abetting distribution of cocaine base under 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2 and received probation.
- A 2020 firearms arrest led to a § 922(g)(1) charge; the PSR treated the 2014 conviction as a "controlled substance offense," triggering a higher Guideline level under USSG § 2K2.1(a)(4)(A).
- Groves objected, arguing (1) an aiding-and-abetting conviction cannot count as a controlled substance offense for Guidelines purposes, and (2) § 841(a)(1) itself criminalizes attempt (via the definitions in § 802), so § 841(a)(1) convictions are categorically disqualified under Campbell.
- The district court overruled the objection, adopted the PSR, and imposed a 33-month sentence; Groves appealed.
- The Fourth Circuit reviewed the statutory and Guidelines text, Application Note 1 to § 4B1.2, and precedent (including Campbell) to resolve whether Groves’s 2014 conviction qualified as a controlled substance offense.
Issues:
| Issue | Groves's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether an aiding-and-abetting conviction qualifies as a "controlled substance offense" under USSG § 4B1.2(b) | Aiding-and-abetting is not listed in § 4B1.2(b); Application Note 1 cannot expand the definition per Campbell | Aiding-and-abetting is a theory of liability treated as a principal under § 2 and the Guidelines; Application Note 1 clarifies this | Aiding-and-abetting convictions qualify; they are treated as the underlying substantive offense |
| Whether 21 U.S.C. § 841(a)(1) criminalizes attempt (attempted delivery) so § 841(a)(1) convictions are categorically excluded as controlled substance offenses | § 841(a)(1) incorporates a definition of "deliver" that includes "attempted transfer," so it criminalizes attempt and is disqualified under Campbell | An "attempted transfer" under § 841(a)(1) is a completed delivery for statutory purposes; attempt crimes are separately punished under § 846, so § 841(a)(1) is not an attempt statute | § 841(a)(1) does not criminalize attempt for categorical-analysis purposes; § 841(a)(1) convictions can be controlled substance predicates |
Key Cases Cited
- United States v. Campbell, 22 F.4th 438 (4th Cir. 2022) (held attempt offenses are not included in § 4B1.2(b) despite commentary)
- United States v. Booker, 994 F.3d 591 (6th Cir. 2021) (interpreted § 841(a)(1) "attempted transfer" as a completed delivery)
- United States v. Allen, 909 F.3d 671 (4th Cir. 2018) (aider-and-abettor punishable as principal)
- Stinson v. United States, 508 U.S. 36 (1993) (Guidelines commentary authoritative unless inconsistent with guideline text)
- United States v. Ward, 972 F.3d 364 (4th Cir. 2020) (categorical approach governs controlled-substance-offense analysis)
- United States v. Dozier, 848 F.3d 180 (4th Cir. 2017) (focus on elements, not underlying conduct, for categorical analysis)