United States v. Michael Brown

Concurrence by Judge Owens

OPINION

CLIFTON, Circuit Judge:

Defendant Michael N. Brown appeals the district court’s sixty-month sentence for being a felon in possession of a firearm. In calculating the appropriate range under the Sentencing Guidelines, the district court determined that a base offense level of twenty applied because Brown’s previous conviction for drug conspiracy under Washington state law qualified as a “controlled substance offense.” We, conclude that the. conviction, does not so qualify because the Washington drug conspiracy statute is not a categorical match to. .conspiracy…