USA v. Cast Lucas

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-10212
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CAST LUCAS,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 0:22-cr-60195-WPD-1
____________________
USCA11 Case: 23-10212 Document: 42-1 Date Filed: 03/06/2024 Page: 1 of 2

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2 Opinion of the Court 23-10212
Before WILLIAM PRYOR , Chief Judge, and J ILL PRYOR and MARCUS,
Circuit Judges.
PER CURIAM:
Cast Lucas challenges his 2022 sentence for possessing with
intent to distribute fentanyl on the ground that his 2009 and 2015
Florida convictions for possessing with intent to deliver or sell co-
caine are not “controlled substance offense[s]” under the Sentenc-
ing Guidelines. See U.S.S.G. § 4B1.2(b). He argues that, in deter-
mining whether his prior state convictions are controlled substance
offenses, the district court should have consulted “the drug sched-
ules in effect at the time of federal sentencing,” not those in effect
at the time of the prior state convictions. We affirm.
Intervening precedent forecloses Lucas’s argument. In
United States v. Dubois, this Court adopted “a time-of-state-convic-
tion rule” for prior state convictions. No. 22-10829, at *25 (11th Cir.
Mar. 5, 2024). We held that “a ‘controlled substance’ under sec-
tion 4B1.2(b)’s definition of ‘controlled substance offense’ is, for
prior state offenses, a drug regulated by state law at the time of the
conviction, . . . even if it is no longer regulated by the state at the
time of federal sentencing.” Id. at *29. So the district court properly
consulted the drug schedules in effect at the time of Lucas’s Florida
drug convictions when it determined that those convictions are
controlled substance offenses.
After briefing and with the benefit of oral argument, we
AFFIRM Lucas’s sentence.
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