Sixth Circuit - Categorical Approach

United States v. Smith, 960 F.3d 883 (6th Cir. 2020). Ohio preparing for shipment, shipping, transporting, deliver, preparing for distribution, or distribution of a controlled substance or a controlled substance analog, when the offender knows or has reasonable cause to believe that the controlled substance or controlled substance analog is intended for sale or resale to another person is a controlled substance offense under §4B1.2(b).

United States v. Garth, 965 F.3d 493 (6th Cir. 2020). Tennessee possession of marijuana with intent to deliver is a controlled substance offense under §4B1.2(b) because it criminalizes the same conduct as the federal offense of possession with intent to distribute a controlled substance.

United States v. Cordero, 973 F.3d 603 (6th Cir. 2020). Murder for hire, in violation of 18 U.S.C. § 1958, is not a crime of violence under §4B1.2.

United States v. Alston, 976 F.3d 727(6th Cir. 2020). Ohio statute prohibiting selling or offering to sell a controlled dangerous substance is overbroad and indivisible and is not a controlled substance offense under 4B1.2.

United Stated v. Palos, 978 F.3d 373 (6th Cir. 2020). Ohio cocaine trafficking is not a controlled substance offense under §4B1.2. The statute criminalizes attempts to sell, and Sixth Circuit precedent dictates that “controlled substance offense” does not include attempts.

United States v. Wilson, 978 F.3d 990 (6th Cir. 2020). Ohio aggravated robbery is “twice divisible” and the modified categorical approach is required to determine whether the defendant was convicted of a section of the statute that is a violent felony under the ACCA.

United States v. Jackson, 984 F.3d 507 (6th Cir. 2021). Kentucky second-degree trafficking in a controlled substance is a controlled substance offense under §4B1.2.

United States v. Jackson, 984 F.3d 507 (6th Cir. 2021). Kentucky marijuana trafficking is a felony drug offense subjecting the defendant to a longer mandatory minimum penalty.

United States v. Booker , 994 F.3d 591 (6th Cir. 2021). Michigan delivery or manufacture of a controlled dangerous substance is a controlled substance offense under §4B1.2 The fact that Michigan considers an attempted transfer as a delivery does not make it an attempt crime.

United States v. Jackson , 995 F.3d 476 (6th Cir. 2021). Kentucky trafficking in a controlled substance is a “controlled substance offense” under §4B1.2(b). Although the Kentucky statute prohibits the “transfer” of controlled substances while §4B1.2(b) does not, the Controlled Substances Act, from which §4B1.2(b) draws its definition, defines “distribute” to mean “deliver.” “Deliver” includes actual, constructive, or attempted “transfers.”

United States v. Brenner, 3 F.4th 305 (6th Cir. 2021). Tennessee reckless aggravated assault in violation of Tenn. Code Ann. § 39-13-102(a)(1)(B) is not a “violent felony” under the ACCA because offenses requiring only reckless mens rea do not meet the force clause of the definition of violent felony.

Cartwright v. United States, --F.4th--, 2021 WL 3876946 (6th Cir. 2021). Tennessee first-degree and second-degree burglary in violation of Tenn. Code Ann. §§ 39-901, 902, 903, 904 (1975) are not violent felonies under the enumerated clause of the ACCA.

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