Argued: March 24, 2017
from the United States District Court for the District of
South Carolina, at Columbia. Cameron McGowan Currie, Senior
District Judge. (3:15-cr-00827-CMC-1)
Kimberly Harvey Albro, OFFICE OF THE FEDERAL PUBLIC DEFENDER,
Columbia, South Carolina, for Appellant.
William E. Day, II, OFFICE OF THE UNITED STATES ATTORNEY,
Florence, South Carolina, for Appellee.
Drake, Acting United States Attorney, Jimmie Ewing, Assistant
United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY,
Columbia, South Carolina, for Appellee.
TRAXLER and WYNN, Circuit Judges, and DAVIS, Senior Circuit
TRAXLER, CIRCUIT JUDGE
Washington Walker, a native of Jamaica, pleaded guilty to
illegal re-entry after being convicted of an aggravated
felony. See 8 U.S.C. § 1326(b)(2). At
sentencing, the district court concluded that Walker's
prior drug conviction in Ohio qualified as a "drug
trafficking offense, " and the district court therefore
applied the 16-level enhancement called for by the
then-current version of U.S.S.G. § 2L1.2(b)(1)(A)(i)
(2015). With the 16-level enhancement, Walker's offense
level was 21, which, when combined with his category III
criminal history, yielded an advisory sentencing range of
46-57 months. The district court varied downward and
sentenced Walker to 30 months' imprisonment.
appeals, challenging only the application of the 16-level
enhancement. Finding no error, we affirm.
determine whether a prior conviction qualifies as a predicate
offense under § 2L1.2, we apply the categorical
approach, comparing the elements of the underlying offense to
the federal definition. See, e.g., United States v.
Alfaro, 835 F.3d 470, 472 (4th Cir. 2016). If the
elements of the underlying offense "correspond in
substance" to the federal definition, Taylor v.
United States, 495 U.S. 575, 599 (1990), the underlying
offense categorically qualifies for the enhancement.
2004, Walker pleaded guilty to a charge of drug trafficking
under Ohio law. The statute under ...