Background

• Defendant Shane Richard Robinson pled guilty to one count of possession with intent to distribute cocaine and cocaine base in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C).
• The district court imposed a 127-month sentence, below the applicable Sentencing Guidelines range after applying the § 4B1.1 career offender enhancement.
• Robinson challenged the career-offender enhancement on appeal, arguing his two prior Florida convictions under Fla. Stat. § 893.13 (2008 and 2013 sales of cocaine offenses) lack a mens rea element and thus are not "controlled substance offenses" under U.S.S.G. § 4B1.2(b).
• Florida law punishes sale of cocaine within 1,000 feet of a convenience business as a first-degree felony and sale of cocaine generally as a second-degree felony, both carrying sentences exceeding one year.
• The Eleventh Circuit reviews de novo whether the career-offender enhancement properly applies and recognized that binding precedent has held § 893.13 convictions qualify as controlled substance offenses for § 4B1.2(b).

Issues

Key Cases Cited

• United States v. Whitson, 597 F.3d 1218 (11th Cir. 2010) (standard of review for career-offender enhancement)
• United States v. Smith, 775 F.3d 1262 (11th Cir. 2014) (held Fla. Stat. § 893.13 convictions qualify as "controlled substance offenses")
• United States v. Brown, 342 F.3d 1245 (11th Cir. 2003) (panel bound by prior precedent absent overruling by en banc court or Supreme Court)
• United States v. Archer, 531 F.3d 1347 (11th Cir. 2008) (Supreme Court decisions must be clearly on point to abrogate panel precedent)