[PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 22-10829 ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ANDRE MICHAEL DUBOIS, a.k.a. Larry Davis, a.k.a. Andre Dubois,

Defendant-Appellant.

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Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:20-cr-00305-WMR-JKL-1 USCA11 Case: 22-10829 Document: 62-1 Date Filed: 03/05/2024 Page: 2 of 45

2 Opinion of the Court 22-10829

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Before WILLIAM PRYOR, Chief Judge, and ROSENBAUM and ABUDU, Circuit Judges. WILLIAM PRYOR, Chief Judge: This appeal by Andre Dubois, a federal prisoner, of his con- victions and sentence for three federal firearm offenses requires us to answer five questions. First, did New York State Rif le & Pistol As- sociation v. Bruen, 142 S. Ct. 2111 (2022), which held that the Second Amendment protects a right to bear arms outside the home, abro- gate our precedent upholding the felon-in-possession ban? See 18 U.S.C. § 922(g)(1); United States v. Rozier, 598 F.3d 768, 770–71 (11th Cir. 2010). Second, was there sufficient evidence from which a rea- sonable jury could find that Dubois knew that he possessed a fire- arm? Third, is Dubois’s Georgia marijuana conviction a “controlled substance offense” under the Sentencing Guidelines? See United States Sentencing Guidelines Manual § 2K2.1(a)(4)(A) (Nov 2021). Fourth, does our precedent interpreting the guidelines’ stolen-gun enhancement, see id. § 2K2.1(b)(4)(A), violate due process or inter- vening Supreme Court precedent? And fifth, did the district court plainly err by sentencing Dubois to pay a $25,000 fine without ex- planation? Because our precedent forecloses Dubois’s challenges to the felon-in-possession statute and the stolen-gun enhancement; the evidence could permit a reasonable jury to convict him on all counts; his marijuana conviction is a controlled substance offense; and unchallenged evidence proves that he can afford his fine, we affirm Dubois’s convictions and sentence. USCA11 Case: 22-10829 Document: 62-1 Date Filed: 03/05/2024 Page: 3 of 45

22-10829 Opinion of the Court 3

I. BACKGROUND In 2018, Andre Dubois entered an Express Copy Print & Ship store in Suwanee, Georgia, and attempted to ship a box containing firearms to the Commonwealth of Dominica. Federal officials seized the shipment and charged Dubois with three counts: at- tempting to smuggle firearms out of the United States, see 18 U.S.C. § 554; delivering firearms to a common carrier for shipment without written notice, see id. § 922(e); and possessing a firearm as a felon, see id. § 922(g)(1). The only factual dispute at trial was whether Dubois knew that the box he tried to ship contained fire- arms—an element of all three charges. Dubois stipulated that he was the customer who delivered the package and that he knew that he was a felon when he did so. At trial, the prosecution presented evidence that on April 23, 2018, a car par