Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 1:18-cr-00751-1—Sara E. Lioi, District Judge.
Decided and Filed: September 28, 2020
Before: BATCHELDER, MOORE, and ROGERS, Circuit Judges.
KAREN NELSON MOORE, Circuit Judge. Pierre Alston received a sentencing
enhancement under U.S.S.G. § 4B1.1 for his prior convictions under Ohio Revised Code
§ 2925.03(A)(1), which criminalizes offers to sell drugs. Since United States v. Havis, 927 F.3d
382 (en banc), rehearing denied, 929 F.3d 317 (6th Cir. 2019), we have held that attempt crimes
such as offers to sell do not qualify for the § 4B1.1 career-offender enhancement, United States
v. Cavazos, 950 F.3d 329 (6th Cir. 2020). While conceding that Cavazos forecloses the
enhancement here, the Government argues that our Havis jurisprudence—Cavazos in
particular—is wrong. We accept the Government’s concession, and we consider its arguments
preserved for a potential petition for en banc rehearing.