UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

UNITED STATES OF AMERICA, ┐ Plaintiff-Appellee, │ │ > No. 20-1047 v. │ │ │ JOHN LOUIS BOOKER, JR., │ Defendant-Appellant. │ ┘

Appeal from the United States District Court for the Western District of Michigan at Grand Rapids. No. 1:19-cr-00177-1—Paul Lewis Maloney, District Judge.

Decided and Filed: April 14, 2021

Before: GIBBONS, COOK, and LARSEN, Circuit Judges. _________________

COUNSEL ON BRIEF: John F. Clark, CLARK LAW FIRM PLLC, Detroit, Michigan, for Appellant. Alexis M. Sanford, UNITED STATES ATTORNEY’S OFFICE, Grand Rapids, Michigan, for Appellee. _________________

OPINION _________________

LARSEN, Circuit Judge. John Booker pleaded guilty to one count of distributing a controlled substance in violation of 21 U.S.C. § 841(a)(1). The district court sentenced Booker as a career offender under U.S.S.G. § 4B1.1, resulting in a prison term of 188 months. The district court also imposed a six-year term of supervised release with special conditions of supervision. On appeal, Booker challenges his career-offender status and his supervision conditions. We AFFIRM. No. 20-1047 United States v. Booker Page 2

I.

In spring 2019, an undercover police officer was investigating a suspect named Julius Walker for narcotics offenses. The officer arranged on several occasions to purchase methamphetamine from Walker. John Booker accompanied Walker to one of these pre-arranged sales, and it was Booker who handed the officer Walker’s drugs. Booker used this opportunity to let the officer know that he could offer methamphetamine at a better price. Booker then gave the officer his cell phone number. Over the course of the next month, Booker sold methamphetamine to the officer on three separate occasions.

Things unraveled for Booker at his fourth planned sale to the officer. Booker noticed police cars at the initial planned meeting location. He ultimately ended up fleeing, first by car— with a passenger and her two-year-old daughter in tow—and then on foot. Police eventually caught up with Booker. Once they apprehended him, officers dialed the phone number that Booker had used to arrange sales with the undercover officer. Booker’s cell phone rang. He was arrested.

A federal grand jury indicted Booker on four counts of distributing methamphetamine in violation of 21 U.S.C. § 841(a)(1). Booker pleaded guilty to the fourth charge, and the other three were dismissed. The district court sentenced Booker as a career offender based on his prior state convictions for unarmed robbery and for the “deliver[y]/manufacture” of a controlled substance. See U.S.S.G. § 4B1.1(a). That classification increased his offense level by two, making his advisory Guidelines range 188 to 235 months’ imprisonment. The district court sentenced Booker to a 188-month prison term and 6 years of supervised release. The court also imposed special supervised release conditions. Booker now appeals his sentence.