UNITED STATES v. GOFPHIN (2018)

Daryl Gofphin pled guilty to possessing a firearm as a felon in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). The district court determined his offense level under the Sentencing Guidelines to be 21, and his criminal history category to be VI. It sentenced Mr. Gofphin to 60 months in prison, below the corresponding Guidelines range of 77 to 96 months.

Mr. Gofphin now appeals his sentence. His sole argument is that his offense level should have been lower because one of his two predicate crimes—“possession of cocaine with intent to sell or deliver,” see Fla. Stat. § 893.13—lacks a mens rea element, and consequently is not a “controlled substance offense” under U.S.S.G. §§ 2K2.1(a) & 4B1.2(b).

As Mr. Gofphin recognizes, see Br. at 11, we have already rejected this argument in a published opinion. See United States v. Smith, 775 F.3d 1262 (11th Cir. 2014). He argues, however, that “[t]he Court’s reasoning in Smith was unsatisfactory.” Br. at 14.

Whether or not Smith’s reasoning is “satisfactory,” this panel is bound by it. See United States v. Fritts, 841 F.3d 937, 942 (11th Cir. 2016). Accordingly, we affirm Mr. Gofphin’s sentence.

AFFIRMED.

PER CURIAM: