United States v. Minor

In United States v. Minor, 121 F.4th 1085 (5th Cir. 2024), the Fifth Circuit held that under the career offender enhancement in USSG § 4B1.1, courts must apply the Controlled Substances Act’s definition of “controlled substance” that is in effect at the time of sentencing for the defendant’s current offense.

A defendant receives a career-offender enhancement, which typically causes a dramatic increase in the recommended sentence, if that defendant “has at least two prior felony convictions” for “a controlled substance offense.” USSG § 4B1.1(a)(3). The Fifth Circuit defines “controlled substance offense” by looking to the Controlled Substances Act (“CSA”). But the CSA’s definitions have changed over time, and this case posed the question: should a court use the definition applicable at the time of the prior felony convictions or at the time of sentencing for the instant offense?

The majority adopted the latter approach. In part, it reasoned that courts apply the Guidelines Manual that is in effect at the time of sentencing, and that Manual would incorporate the CSA definition in effect at that same time. Three circuit courts—the First, Second, and Ninth—had already taken that same approach.

Dissent: Judge Stuart Kyle Duncan dissented because he would have followed two different circuit courts—the Fourth and Sixth—which apply the CSA definition in effect at the time the defendant was convicted for the prior offense.