July 6, 2026·25-1079·Panel Decision·Barron·By James Taylor
The First Circuit vacated a federal sentence for a prohibited person in possession of a firearm, ruling that prior state drug convictions did not qualify as controlled substance offenses under federal sentencing guidelines. The court remanded the case for resentencing because the district court erred in calculating the defendant's base offense level.
The defendant pleaded guilty to being a prohibited person in possession of a firearm and ammunition. He had prior state convictions for trafficking cocaine and possessing with intent to distribute a Class B substance. The district court calculated his base offense level based on these prior convictions, treating them as controlled substance offenses under the sentencing guidelines.
The court’s reasoning
The court reviewed the definition of controlled substance offense under the sentencing guidelines. It determined that the term refers only to substances regulated by the federal Controlled Substances Act. Because the Massachusetts definition of cocaine included ioflupane, which was not scheduled under federal law at the time of sentencing, the prior convictions did not match the federal definition. The court relied on its prior decision in United States v. Fulcar to support this interpretation.
What it means going forward
Defendants with prior state drug convictions that include substances not scheduled under federal law may challenge their enhanced sentences if the district court relied on those convictions to increase the base offense level.
