United States of America v. Antwoine Garrett

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 19a0298n.06
Case No. 18-3816
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ANTWOINE GARRETT,
Defendant-Appellant.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR
THE NORTHERN DISTRICT OF
OHIO
BEFORE: MERRITT, THAPAR, and READLER, Circuit Judges.
PER CURIAM. Antwoine Garrett pled guilty to attempted possession of a controlled
substance with intent to distribute. See 21 U.S.C. § 841(a)(1). Relying on our precedent in United
States v. Evans, the district court found that Garrett had at least two prior felony convictions for
either crimes of violence or controlled substance offenses, meaning he qualified for a career
offender sentencing enhancement. 699 F.3d 858, 867–68 (6th Cir. 2012); see also U.S. Sentencing
Guidelines Manual § 4B1.1 (U.S. Sentencing Comm’n 2016). But one of Garrett’s prior
convictions may have been for an attempted controlled substance offense. And while Garrett’s
appeal was pending, the en banc court determined that attempt crimes no longer qualify as
controlled substance offenses for purposes of the career offender enhancement. United States v.
Havis, No. 17-5772, 2019 WL 2376070, at *1, *3–4 (6th Cir. June 6, 2019) (en banc). Thus, we
VACATE and REMAND for the district court to consider in the first instance whether Garrett
qualifies for the career offender enhancement in light of Havis.

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