United States of America v. Avery Jamal Edwards

United States Court of Appeals
For the Eighth Circuit
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No. 23-3618
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United States of America
Plaintiff - Appellee
v.
Avery Jamal Edwards
Defendant - Appellant
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Appeal from United States District Court
for the Western District of Arkansas - Fayetteville
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Submitted: October 21, 2024
Filed: November 14, 2024
[Unpublished]
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Before SHEPHERD, KELLY, and STRAS, Circuit Judges.
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PER CURIAM.
Avery Edwards pleaded guilty to being a felon in possession of a firearm, see
18 U.S.C. § 922(g)(1), and received a 96-month prison sentence. He argues that the
base offense level the district court1 adopted was too high because his prior Arkansas
1 The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.

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conviction of delivering methamphetamine is not a “controlled substance offense”
under the Sentencing Guidelines. See U.S.S.G. §§ 2K2.1(a)(4)(A), 4B1.2(b)(1).
As Edwards candidly admits, United States v. Henderson, 11 F.4th 713, 717–
19 (8th Cir. 2021), stands in the way of his argument. We held there that, under the
“plain meaning” of the Sentencing Guidelines, a “controlled substance offense”
covers more than what is prohibited by federal law alone. Id. at 719. It also
“include[s] prior convictions for controlled substance offenses ‘under . . . state
law,’” id. (quoting U.S.S.G. § 4B1.2(b)), regardless of what the federal drug
schedules say, see 21 U.S.C. §§ 811, 812. Following Henderson’s reasoning,
Edwards’s conviction for delivering methamphetamine counts. See Ark. Code §§ 5-
64-422, 5-64-419. We accordingly affirm the judgment of the district court.
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