US v. Cory Boyd, No. 18-4883 (4th Cir. 2022)
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Defendant pleaded guilty to a drug offense and a related firearms offense in violation of federal law. He was sentenced as a career offender under the Sentencing Guidelines based on two prior state convictions: a 2007 conviction for assault with intent to kill (AWIK) and a 2013 conviction for what the district court determined was possession of a controlled substance with intent to distribute (PWID). On appeal, Defendant challenged his career-offender status and the resulting sentence. He first argued that the district court erred in relying on inconclusive state-court sentencing documents to find that Defendant’s 2013 drug conviction was, in fact, a conviction for PWID. Second, Defendant questions whether his 2007 AWIK conviction remains a Guidelines crime of violence following the Supreme Court’s ruling in Borden v. United States.
The Fourth Circuit affirmed. The court wrote that the district court did not err in relying on Defendant’s state-court sentencing sheet to determine that his 2013 conviction qualified as a controlled substance offense. And because Defendant did not contest that his AWIK conviction qualified as a predicate offense in his initial briefing with this Court, that argument is waived.
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