USA v. Daryl Gofphin

Filing

Opinion issued by court as to Appellant Daryl Gofphin. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions.

Case: 17-14071

Date Filed: 04/06/2018

Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 17-14071
Non-Argument Calendar
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D.C. Docket No. 4:17-cr-00022-MW-CAS-1

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DARYL GOFPHIN,
Defendant - Appellant.
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Appeal from the United States District Court
for the Northern District of Florida
________________________
(April 6, 2018)
Before WILLIAM PRYOR, JORDAN, and ANDERSON, Circuit Judges.
PER CURIAM:

Case: 17-14071

Date Filed: 04/06/2018

Page: 2 of 2

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.

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