[ DO NOT PUBLISH] 

## In the 

# United States Court of Appeals For the Eleventh Circuit

____________________
No. 23

- 13225
Non

- Argument Calendar

____________________
UNITED STATES OF AMERICA,
Plaintiff

- Appellee,

versus MONFORT DESIR,

Defendant

- Appellant.

____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 9:23

- cr

- 80050

- AMC

- 1

____________________ USCA11 Case: 23-13225 Document: 35-1 Date Filed: 06/17/2024 Page: 1 of 42 Opinion of the Court 23

- 13225

Before J ILL P RYOR , B RANCH , and A NDERSON , Circuit Judges.
PER CURIAM: Monfort Desir appeals his 151

- month sentence for five counts of possession with intent to distribute fentanyl on the grounds that the district court erroneously designated him a career offender under the Sentencing Guidelines based on two prior Florida convictions for distribution of cocaine. He argues that the district court erroneously designated him a career offender because his 2008 and 2013 Florida cocaine convictions were not “controlled substance offenses” under the career offender guideline

. We review de novo whether a prior conviction is a “controlled substance offense” under the Guidelines. United States v. Lange , 862 F.3d 1290, 1293 (11th Cir. 2017). The Sentencing Guidelines provide that a defendant is a career offender if: (1) the defendant was at least [18] years old at the timethe defendant committed the instant offense of conviction; (2) the instant offense of conviction is a felony that is either a crime of violence or a contro lled substance offense; and (3) the defendant has at least [2] prior felony convictions of either a crime of violence or a controlled substance offense. U.S.S.G. § 4B1.1(a). A controlled substance offense is: USCA11 Case: 23-13225 Document: 35-1 Date Filed: 06/17/2024 Page: 2 of 423

- 13225 Opinion of the Court 3
an offense under federal or state law, punisha ble by imprisonment for a term exceeding one year, thatprohibits the manufacture, import, export, distribution, or dispensing of a controlled substance (or acounterfeit substance) or the possession of a controlled substance (or a counterfeit substance) w ith intent to manufacture, import, export, distribute, or dispense.
Id. § 4B1.2(b). A career offender status mandates a criminal historycategory of VI and warrants a set offense level based on the statutory maximum of the underlying offense. Id. § 4B1.1 (b).

In United States v. Dubois
, we recently held “that a ‘controlledsubstance’ under § 4B1.2(b)’s definition of ‘controlled substance offense’ is, for prior state offenses, a drug regulated by state law at the time of the conviction.” 94 F.4th 1284, 130 0 (11th Cir. 2024)

. Here, the district court did not err in finding that Desir’s twoprior Florida cocaine convictions were “controlled substance offenses” under U.S.S.G. § 4B1.2(b) and consequently designating him as a career offender, because, as we conf irmed in Dubois , sentencing courts must look to state law at the time of the prior stateconviction rather than at the time of federal sentencing to determine whether a drug is a controlled substance. Dubois , 94 F.4th at 1298, 1300. The district court correctly looked to the Florida drug schedules at the time of Desir’s 2008 and 2013 state convictions for cocaine , determined that those convictions were “controlled USCA11 Case: 23-13225 Document: 35-1 Date Filed: 06/17/2024 Page: 3 of 44 Opinion of the Court 23

- 13225

substance offenses
, ” and applied the career offender enhancement

. We t herefore affirm.
AFFIRMED. USCA11 Case: 23-13225 Document: 35-1 Date Filed: 06/17/2024 Page: 4 of 4