United States v. Larry Burton

After pleading guilty, Larry Burton appeals his 70-month sentence for possessing a firearm as a convicted felon, in violation of 18 U.S.C. § 922(g)(1). After review, we affirm.

For the first time on appeal, Burton argues that the district court erred in treating his three prior felony drug convictions under Florida Statutes § 893.13(l)(a) as “controlled substance offenses” under U.S.S.G. § 2K2.1(a)(2). 1 Section 893.13(l)(a) makes it unlawful “to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance.” Fla. Stat. § 893.13(l)(a).

Because…