United States v. Travis Lamont Smith, 775 F.3d 1262 (11th Cir. 2014). · Go Syfert
United States v. Travis Lamont Smith, 775 F.3d 1262 (11th Cir. 2014). Cases Citing This Book View Copy Cite
“the constitution does not require that the government allege in its indictment and prove beyond a reasonable doubt that had prior convictions for a district court to use those- convictions for purposes of enhancing a sentence.”
361 citation events (361 in the last 25 years) across 12 distinct courts.
Strongest positive: Johnson v. United States (flmd, 2019-09-19)
Treatment trajectory · 2015 → 2026 · click a year to view as-of
2015 2020 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Johnson v. United States
M.D. Fla. · 2019 · quote attribution · 1 verbatim quote · confidence high
section 893.13(1) of the florida statutes is . . . a "serious drug offense . . . .
examined Cited as authority (verbatim quote) United States v. Aldrick James Lott (2×) also: Cited "see"
11th Cir. · 2017 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
the constitution does not require that the government allege in its indictment and prove beyond a reasonable doubt that had prior convictions for a district court to use those convictions for purposes of enhancing a sentence.
examined Cited as authority (verbatim quote) United States v. Kenneth Bullard (2×) also: Cited as authority (rule)
11th Cir. · 2015 · quote attribution · 1 verbatim quote · confidence high
the constitution does not require that the government allege in its indictment and prove beyond a reasonable doubt that had prior convictions for a district court to use those- convictions for purposes of enhancing a sentence.
discussed Cited as authority (quoted) Diaz v. United States
M.D. Fla. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
we look to the plain language of the definitions to determine their elements . . . and we presume that congress and the sentencing commission said what meant and meant what said.
discussed Cited as authority (quoted) United States v. Eugene Jackson (2×) also: Cited "see"
11th Cir. · 2022 · quote attribution · 1 verbatim quote · confidence low
smith 2014
discussed Cited as authority (quoted) United States v. Eugene Jackson (2×) also: Cited "see"
11th Cir. · 2022 · quote attribution · 1 verbatim quote · confidence low
smith 2014
discussed Cited as authority (quoted) United States v. Keith Allen Culp
11th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
ection 893.13(1) of the florida statutes is . . . a 'serious drug offense
discussed Cited as authority (quoted) United States v. Charles Eason
6th Cir. · 2019 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
no element of mens rea with respect to the illicit nature of the controlled substance is expressed or implied by
cited Cited as authority (rule) United States v. Tomario Ricardo Hicks
11th Cir. · 2026 · confidence medium
Normally, we also “review de novo constitutional sentenc- ing issues.” United States v. Smith, 775 F.3d 1262, 1265 (11th Cir. 2014) (alteration adopted and citation omitted).
discussed Cited as authority (rule) United States v. Samuel Storey
11th Cir. · 2025 · confidence medium
In rejecting the argument, we explained that, based on our precedents, “a conviction under section 893.13(1) qualifies as a USCA11 Case: 22-11841 Document: 49-1 Date Filed: 10/08/2025 Page: 13 of 13 22-11841 Opinion of the Court 13 ‘serious drug offense’ under the Armed Career Criminal Act.” Id. (citing United States v. Travis Smith, 775 F.3d 1262, 1268 (11th Cir. 2014); United States v. Xavier Smith, 983 F.3d 1213 , 1223 (11th Cir. 2020)).
discussed Cited as authority (rule) Waiters v. United States
M.D. Fla. · 2025 · confidence medium
Citing binding circuit precedent, the circuit court affirmed the ACCA enhancement “even though the predicate convictions were not alleged in the indictment or found by a jury.” Id. at *6 (citing United States v. Smith, 775 F.3d 1262, 1266 (11th Cir. 2014)).
discussed Cited as authority (rule) Stackhouse v. United States (2×) also: Cited "see"
M.D. Fla. · 2024 · confidence medium
Therefore, both of Stackhouse’s drug convictions under Fla. Stat. § 892.13 — a second degree felony carrying a maximum sentence of 15 years’ incarceration, Fla. Stat. § 775.082 (3)(d) — are “serious drug offense[s].” See United States v. Smith, 775 F.3d 1262, 1268 (11th Cir. 2014) (holding that a conviction under Fla. Stat. § 893.13 is a “serious drug offense” under the ACCA).
discussed Cited as authority (rule) United States v. Larome Waiters
11th Cir. · 2024 · confidence medium
A conviction 3 under section 893.13(1), we held in United States v. Smith, 775 F.3d 1262, 1268 (11th Cir. 2014), is a “serious drug offense” under the ACCA and a “controlled substance offense” under the career of- fender guideline.
cited Cited as authority (rule) United States v. Ryan Perrin
11th Cir. · 2024 · confidence medium
As Perrin acknowledges, we have pre- viously held that Florida’s cocaine distribution statute is a “serious drug offense.” See, e.g., United States v. Smith, 775 F.3d 1262, 1267 (11th Cir. 2014).
discussed Cited as authority (rule) United States v. Maxsony Coissy
11th Cir. · 2024 · confidence medium
In United States v. Smith, we determined that the Guidelines’ definition of “controlled substance offense” does not “require[] that a predicate state offense include[] an element of mens rea with respect to the illicit nature of the controlled substance.” 775 F.3d 1262, 1268 (11th Cir. 2014).
discussed Cited as authority (rule) United States v. Andre Michael Dubois
11th Cir. · 2024 · confidence medium
We have held that a state statute need not include the same elements as a generic “federal analogue[]” crime to con- stitute a controlled substance offense because “the sentencing guidelines d[o] not define ‘controlled substance offense’ by refer- ence to those analogues.” United States v. Pridgeon, 853 F.3d 1192, 1198 (11th Cir. 2017) (citing United States v. Smith, 775 F.3d 1262, 1268 (11th Cir. 2014)).
discussed Cited as authority (rule) Santiago v. United States
S.D. Fla. · 2023 · confidence medium
See, e.g., United States v. Pridgeon, 853 F.3d 1192 , 1197–98 (11th Cir. 2017); United States v. Smith, 775 F.3d 1262, 1268 (11th Cir. 2014); United States v. Agerton, No. 22-10194, 2023 WL 5537057 , at *5 (11th Cir. Aug. 29, 2023) (citing United States v. Penn, 63 F.4th 1305, 1317 (11th Cir. 2023)).
discussed Cited as authority (rule) United States v. Rodney Burke
11th Cir. · 2023 · confidence medium
And although there may be some tension between Almendarez-Torres and Apprendi and Alleyne, “we are bound to follow Almendarez-Torres unless and until the Supreme Court itself overrules that decision.” United States v. Smith, 775 F.3d 1262, 1266 (11th Cir. 2014) (quotations omitted); see also United States v. Weeks, 711 F.3d 1255, 1259 (11th Cir. 2013), abrogated on other grounds by Descamps v. United States, 570 U.S. 254 USCA11 Case: 22-11682 Document: 27-1 Date Filed: 06/26/2023 Page: 7 of 9 22-11682 Opinion of the Court 7 (2013) (“[W]e have consistently held that Almendarez–Torres re…
discussed Cited as authority (rule) United States v. Clifford Laines, Jr. (2×) also: Cited "see"
11th Cir. · 2023 · confidence medium
The government seeks to do so here, arguing that it is “settled law” that convictions under Fla. Stat. § 893.13 (1) are categorically “serious drug offenses” under our decisions in United States v. Travis Smith, 775 F.3d 1262, 1267 (11th Cir. 2014), and United States v. Xavier Smith, 983 F.3d 1213, 1223 (11th Cir. 2020).
discussed Cited as authority (rule) United States v. Christopher Alexander Nerius (2×) also: Cited "see"
11th Cir. · 2023 · confidence medium
As he acknowledges, though, we have “squarely held that the definition of ‘controlled substance offense’ in § 4B1.2 does not require that a predicate state drug offense USCA11 Case: 22-10578 Document: 45-1 Date Filed: 05/25/2023 Page: 4 of 7 4 Opinion of the Court 22-10578 include an element of mens rea with respect to the illicit nature of the controlled substance.” United States v. Pridgeon, 853 F.3d 1192, 1198 (11th Cir. 2017) (reaffirming United States v. Smith, 775 F.3d 1262, 1267 (11th Cir. 2014)).
cited Cited as authority (rule) United States v. Emanuel Beach
11th Cir. · 2023 · confidence medium
United States v. Smith, 775 F.3d 1262, 1268 (11th Cir. 2014).
discussed Cited as authority (rule) Jackson v. United States
M.D. Fla. · 2023 · confidence medium
The government argues that Jackson’s claim is meritless because in United States v. Smith, 775 F.3d 1262, 1268 (11th Cir. 2014), and Shular v. United States, 140 S. Ct. 779, 782 (2020), the Eleventh Circuit and the Supreme Court determined that a cocaine-related violation of Florida Statutes section 893.13(1)(a) is categorically a “serious drug offense.” Response at 5–7.
cited Cited as authority (rule) Cameron v. United States
S.D. Fla. · 2023 · confidence medium
United States v. Smith, 775 F.3d 1262, 1266 (11th Cir. 2014).
discussed Cited as authority (rule) United States v. Marvas Aurelien (2×)
11th Cir. · 2023 · confidence medium
They argued, as Aurelien does, “that their prior convictions for Florida drug crimes d[id] not qualify as . . . ‘controlled substance of- fense[s].’” Id. at 1265 (second alteration in original) (citation omit- ted).
discussed Cited as authority (rule) United States v. Tracy Lamont Miles
11th Cir. · 2022 · confidence medium
In United States v. Smith, we held that a conviction under Fla. Stat. § 893.13 is a “controlled substance offense” under § 4B1.2(b) of the Sentenc- ing Guidelines. 775 F.3d 1262, 1268 (11th Cir. 2014).
discussed Cited as authority (rule) United States v. Diamante Stoveall
11th Cir. · 2022 · confidence medium
In Travis Smith, we held the definition of “controlled substance offense” under U.S.S.G. § 4B1.2(b) did not require “that a predicate state offense includes an element of mens rea with respect to the illicit nature of the controlled substance.” United States v. Travis Smith, 775 F.3d 1262, 1267-68 (11th Cir. 2014).
discussed Cited as authority (rule) United States v. Terrell Javon Jones
11th Cir. · 2022 · confidence medium
In Smith, we rejected this same argu- ment to hold that drug crimes lacking a mens rea element can still be serious drug offenses under the Act because the Act’s definition of “serious drug offense” contains “[n]o element of mens rea with respect to the illicit nature of the controlled substance.” Id. at 1264, 1267 (italics removed); see 18 U.S.C. § 924 (e)(2)(A)(ii) (defining “se- rious drug offense” to include “an offense under [s]tate law, involv- ing manufacturing, distributing, or possessing with intent to man- ufacture or distribute, a controlled substance (as defined in…
cited Cited as authority (rule) Gabe v. Hemingway
E.D. Mich. · 2022 · confidence medium
But “drug crimes without an element of mens rea can be ‘serious drug offense[s].’” United States v. Smith, 775 F.3d 1262, 1264 (11th Cir. 2014) (italics omitted).
discussed Cited as authority (rule) United States v. Willie Murphy, Jr.
11th Cir. · 2022 · confidence medium
We have held that a conviction for violating the law Murphy was convicted under, Fla. Stat § 893.13(1), is a “controlled sub- stance offense” under U.S.S.G. § 4B1.2(b), and that U.S.S.G. § 4B1.2(b) does not require that a charged offense include “an ele- ment of mens rea with respect to the illicit nature of the controlled substance.” United States v. Smith, 775 F.3d 1262, 1268 (11th Cir. 2014).
discussed Cited as authority (rule) Thomas v. United States
M.D. Fla. · 2021 · confidence medium
His argument that his prior convictions under Section 893.13(1), Fla. Stat., are not “controlled substance offenses” under the Sentencing Guidelines is foreclosed by United States v. Smith, 775 F.3d 1262, 1264-68 (11th Cir. 2014) (“Section 893.13(1) of the Florida Statutes is both a ‘serious drug offense,’ 18 U.S.C. § 924 (e)(2)(A), and a ‘controlled substance offense,’ U.S.S.G. § 4B1.2(b).
discussed Cited as authority (rule) United States v. Joshua Reshi Dudley
11th Cir. · 2021 · confidence medium
And although there may be some tension between Almendarez- Torres and Apprendi and Alleyne, “we are bound to follow Almendarez-Torres unless and until the Supreme Court itself overrules that decision.” United States v. Smith, 775 F.3d 1262, 1266 (11th Cir. 2014) (quotation omitted). 19 USCA11 Case: 19-10267 Date Filed: 07/22/2021 Page: 20 of 58 determination of the different occasions requirement does not violate the Sixth Amendment); United States v. Santiago, 268 F.3d 151 , 156–57 (2d Cir. 2001) (“[W]e are satisfied . . . that § 924(e)’s ‘different occasions’ requirement falls…
discussed Cited as authority (rule) United States v. Charles Anthony Tiggett
11th Cir. · 2021 · confidence medium
In United States v. Smith (“Smith I”), 775 F.3d 1262, 1268 (11th Cir. 2014), we held that offenses under Fla. Stat. § 893.13 (1) are both categorically serious drug offenses under the ACCA and controlled substance offenses under the Guidelines. 2 USCA11 Case: 20-13805 Date Filed: 06/28/2021 Page: 3 of 4 Neither definition, we said, “requires that a predicate state offense include[] an element of mens rea with respect to the illicit nature of the controlled substance.” Id.
examined Cited as authority (rule) United States v. Mario Donell Frazier (3×) also: Cited "see"
11th Cir. · 2021 · confidence medium
United States v. Smith, 775 F.3d 1262, 1268 (11th Cir. 2014).
examined Cited as authority (rule) United States v. Michael Lee Williams (4×) also: Cited "see"
11th Cir. · 2021 · confidence medium
He acknowledges that this claim is foreclosed our decision in United States v. Smith, 775 F.3d 1262, 1268 (11th Cir. 2014), but he seeks to preserve this issue for further review.
discussed Cited as authority (rule) Williams v. United States
M.D. Fla. · 2021 · confidence medium
In United States v. Smith, the Eleventh Circuit observed that the ACCA’s definition of a serious drug offense is “unambiguous” and “require[s] only that the predicate offense ‘involv[es]’ … certain activities related to controlled substances.” 775 F.3d 1262, 1267 (11th Cir. 2014) (internal citation omitted).
cited Cited as authority (rule) Jackson v. United States
M.D. Fla. · 2021 · confidence medium
United States v. Smith, 775 F.3d 1262, 1268 (11th Cir. 2014).
cited Cited as authority (rule) Alridge v. United States
M.D. Fla. · 2021 · confidence medium
United States v. Smith, 775 F.3d 1262, 1268 (11th Cir. 2014); United States v. Rivera, 291 F. App’x 295, 296 (11th Cir. 2008); United States v. Ferguson, 154 F. App’x 839, 843 (11th Cir. 2005).
discussed Cited as authority (rule) United States v. Stacy Lyman
8th Cir. · 2021 · confidence medium
At least one circuit, therefore, has held that “[n]o element of mens rea with respect to the illicit nature of the controlled substance is expressed or implied.” United States v. Smith, 775 F.3d 1262, 1267 (11th Cir. 2014).
discussed Cited as authority (rule) United States v. Rodriguez-Rivera
1st Cir. · 2021 · confidence medium
Id. at 784 (quoting United States v. Smith, 775 F.3d 1262, 1267 (11th Cir. 2014)). - 13 - The guideline at issue in this case -- U.S.S.G. § 4B1.2(b), by way of § 2K2.1 -- uses neither the X is Y formulation nor the X involves Y formulation.
cited Cited as authority (rule) United States v. Eric Roper
11th Cir. · 2021 · confidence medium
In United States v. Smith, however, we held that a conviction under Fla. Stat. § 893.13 constitutes a “controlled substance offense,” under U.S.S.G. § 4B1.2(b). 775 F.3d 1262, 1268 (11th Cir. 2014).
discussed Cited as authority (rule) United States v. Vincent Savarese
11th Cir. · 2021 · confidence medium
The Constitution does not require that “[t]he government . . . allege in its indictment and . . . prove beyond a reasonable doubt that [a defendant] had prior convictions for a district court to use those convictions for purposes of enhancing a sentence.” United States v. Smith, 775 F.3d 1262, 1266 (11th Cir. 2014) (citation omitted; alterations and omissions in original).
discussed Cited as authority (rule) Brown v. United States
M.D. Fla. · 2021 · confidence medium
Shular also confirmed the correctness of the Eleventh Circuit’s earlier decision in United States v. Smith, which held that it “need not search for the elements of ‘generic’ definitions of ‘serious drug offense’ and ‘controlled substance offense’ because these terms are defined by a federal statute and the Sentencing Guidelines, respectively.” 775 F.3d 1262, 1267 (11th Cir. 2014).
discussed Cited as authority (rule) United States v. Tyrell Donte Curry (2×) also: Cited "see"
11th Cir. · 2020 · confidence medium
United States v. White, 837 F.3d 1225, 1228 (11th Cir. 2016). 2 USCA11 Case: 19-13893 Date Filed: 11/04/2020 Page: 3 of 6 In United States v. Smith, we held that a prior conviction under Fla. Stat. § 893.13 is a “serious drug offense” under the ACCA and a “controlled substance offense” under U.S.S.G. § 4B1.2(b). 775 F.3d 1262, 1268 (11th Cir. 2014).
cited Cited as authority (rule) United States v. Kashus Davis
11th Cir. · 2020 · confidence medium
United States v. Smith, 775 F.3d 1262, 1268 (11th Cir. 2014).
cited Cited as authority (rule) United States v. Anthony Jerome Billings, Jr.
11th Cir. · 2020 · confidence medium
In United States v. Smith, we held that a conviction under Fla. Stat. § 893.13 constitutes a “controlled substance offense,” under U.S.S.G. § 4B1.2(b). 775 F.3d 1262, 1268 (11th Cir. 2014).
cited Cited as authority (rule) United States v. Michael Anthony Conage
11th Cir. · 2020 · confidence medium
United States v. Shular, 736 F. App’x 876 , 877 (11th Cir. 2018) (applying United States v. Smith, 775 F.3d 1262, 1267 (11th Cir. 2014)).
cited Cited as authority (rule) United States v. Terrese Colston
11th Cir. · 2020 · confidence medium
See United States v. Pridgeon, 853 F.3d 1192, 1200 (11th Cir. 2017); United States v. Smith, 775 F.3d 1262, 1267-68 (11th Cir. 2014).
discussed Cited as authority (rule) United States v. Duwayne Jones
11th Cir. · 2020 · confidence medium
United States v. Smith, 775 F.3d 1262, 1266-68 (11th Cir. 2014); see also United States v. Phillips, 834 F.3d 1176, 1184 (11th Cir. 2016) (following Smith as binding precedent to a defendant’s conviction for possession cocaine with the intent to sell).
cited Cited as authority (rule) United States v. Jovon Antoine McClures
11th Cir. · 2020 · confidence medium
In United States v. Smith, we held that a violation of § 893.13(1) is a serious drug offense under the ACCA. 775 F.3d 1262, 1268 (11th Cir. 2014).
discussed Cited as authority (rule) United States v. Kenton Capbell (2×) also: Cited "see"
11th Cir. · 2020 · confidence medium
In United States v. Smith, we held that the definition of a controlled substance offense under the Guidelines did not require “that a predicate state offense include[] an element of mens rea with respect to the illicit nature of the 3 Case: 18-14205 Date Filed: 06/04/2020 Page: 4 of 5 controlled substance,” and that a violation of Fla. Stat. § 893.13 qualified as a controlled substance offense under the Guidelines. 775 F.3d 1262, 1268 (11th Cir. 2014).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Travis Lament SMITH, Defendant-Appellant; United States of America, Plaintiff-Appellee, v. Jose G. Nunez, A.K.A. Gordo, Defendant-Appellant
13-15227, 13-15133, 14-10075.
Court of Appeals for the Eleventh Circuit.
Dec 22, 2014.
775 F.3d 1262
Harriett Galvin, Kathleen Mary Salyer, Wifredo A. Ferrer, James Vincent Hayes, Laura Thomas Rivero, Arimentha R. Wal-kins, U.S. Attorney’s Office, Miami, FL, Phillip Drew Dirosa, U.S. Attorney’s Office, Fort Lauderdale, FL, Antonia J. Barnes, John C. McMillan, U.S. Attorney’s Office, West Palm Beach, FL, for Plaintiff-Appellee., Brenda Greenberg Bryn, Federal Public Defender’s Office, Fort Lauderdale, FL, Michael Caruso, Federal Public Defender, Raymond D’Arsey Houlihan, III, Federal Public Defender’s Office, Miami, FL, Lori E. Barrist, Federal Public Defender’s Office, West Palm Beach, FL, for Defendant-Appellant.
Pryor, Jordan, Walter.
Cited by 209 opinions  |  Published  |  NEW
4 passages pin-cited by 5 cases
Pinpoint authority: #6,903 of 633,719
Citer courts: Eleventh Circuit (3) · Sixth Circuit (1) · M.D. Florida (1)
WILLIAM PRYOR, Circuit Judge:

These consolidated appeals require us to decide whether the definitions of “serious drug offense” under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(A), and “controlled substance offense” under the Sentencing Guidelines, U.S.S.G. § 4B1.2(b) (Nov.2013), include crimes that do not require an element of mens rea regarding the illicit nature of the controlled substance. Both Travis Lamont Smith and Jose G. Nunez have prior convictions for Florida drug crimes that have no element of mens rea with respect to the illicit nature of the drug. In separate proceedings, Smith and Nunez pleaded guilty to federal felony offenses and received enhanced sentences when the district courts ruled that their prior convictions were, respectively, “serious drug offense[s],” 18 U.S.C. § 924(e)(2)(A), and “controlled substance offense[s],” U.S.S.G. § 4B1.2(b). Because drug crimes without an element of mens rea can be “serious drug offense[s],” 18 U.S.C. § 924(e)(2)(A), and “controlled substance offensefs],” U.S.S.G. § 4B1.2(b), we affirm Smith’s and Nunez’s sentences.

I. BACKGROUND

We divide the background in two parts. First, we discuss Smith’s conviction and sentencing. Second, we discuss Nunez’s conviction and sentencing.

A. Smith Is Convicted of Possession of a Firearm by a Convicted Felon and Sentenced as an “Armed Career Criminal.

A grand jury indicted Smith on one count of possession of a firearm by a convicted felon, 18 U.S.C. §§ 922(g)(1), 924(e)(1). Smith later pleaded guilty to that charge, and he signed a factual proffer that he “ha[d] been convicted of [four] prior felony narcotics violations.”

The presentence investigation report calculated Smith’s guideline range as 151 to 188 months of imprisonment, U.S.S.G. ch. 5, pt. A, Sentencing Table, but as an “armed career criminal,” id. § 4B1.4(a), Smith faced a mandatory minimum sentence of 180 months of imprisonment under the Armed Career Criminal Act of 1984, 18 U.S.C. § 924(e). The district court ruled that Smith’s prior convictions for possession of marijuana with intent to sell within 1,000 feet of a school or church,[*1265] Fla. Stat. § 893.13(l)(c)(2); sale of cocaine with intent to distribute, id. § 893.13(l)(a)(l); and possession of cocaine with intent to distribute, id., were “serious drug offense[s],” 18 U.S.C. § 924(e)(2)(A)(ii), that qualified Smith as an “armed career criminal,” U.S.S.G. § 4B1.4(a).

Smith objected to the sentencing enhancement on the ground that it violated his rights under the Fifth and Sixth Amendments. He argued that the Fifth Amendment required that his prior convictions be alleged in his indictment and that the Sixth Amendment required either proof to a jury beyond a reasonable doubt or his admission that his prior convictions were “serious drug offense[s],” 18 U.S.C. § 924(e)(2)(A)(ii). The district court overruled Smith’s objections and sentenced him to 180 months of imprisonment. After he filed a notice of appeal, Smith filed a motion to reconsider on the ground that his prior convictions did not qualify as serious drug offenses. The district court denied his motion.

B. Nunez Is Convicted of Possession of a Firearm by a Convicted Felon and Sentenced as a “Career Offender.”

A grand jury indicted Nunez on one count of possession of a firearm by a convicted felon, 18 U.S.C. §§ 922(g)(1), 924(a)(2); six counts of possession with intent to distribute a controlled substance, 21 U.S.C. § 841(a)(1); and one count of possession of a firearm in furtherance of a drug trafficking crime, 18 U.S.C. § 924(e)(1)(A). Nunez pleaded guilty to one count of each of the charged crimes.

The presentenee investigation report calculated Nunez’s guideline range as 77 to 96 months of imprisonment, U.S.S.G. ch. 5, pt. A, Sentencing Table, but as a “career offender,” id. § 4Bl.l(a), his guideline range was increased to 262 to 327 months of imprisonment, id. § 4Bl.l(e)(3). The district court ruled that Nunez’s prior state convictions for possession of marijuana with intent to sell, Fla. Stat. § 893.13(l)(a)(2), and possession of cocaine with intent to sell, id., were “controlled substance offense[s],” U.S.S.G. § 4B1.2(b), that qualified Nunez as a “career offender,” id. § 4Bl.l(a). The district court varied downward from the advisory guideline range and sentenced Nunez to 228 months of imprisonment. After Nunez filed a notice of appeal, he moved the district court to reconsider his sentence on the ground that his prior convictions were not “controlled substance offense[s],” id. § 4B1.2(b). The district court denied his motion.

II. STANDARD OF REVIEW

“We review [de novo] constitutional sentencing issues.... ” United States v. Steed, 548 F.3d 961, 978 (11th Cir.2008).

III. DISCUSSION

The parties present two issues. First, Smith argues that the government violated his rights under the Fifth and Sixth Amendments because his prior convictions were not alleged in his indictment or specifically admitted by him. Second, Smith and Nunez argue that their prior convictions for Florida drug crimes do not qualify as “serious drug offense[s],” 18 U.S.C. § 924(e)(2)(A)(ii), and “controlled substance offense[s],” U.S.S.G. § 4B1.2(b). We address each argument in turn.

A. The District Court Correctly Relied on Smith’s Prior Convictions.

Smith argues that the application of the mandatory minimum sentence, 18 U.S.C. § 924(e), violated his Fifth and Sixth Amendment rights. Smith argues that his prior convictions cannot be used to in[*1266] crease his maximum possible sentence or mandatory minimum sentence because his prior convictions were not alleged by indictment, U.S. Const. Amend. V, and he did not specifically admit that his prior convictions were serious drug offenses, U.S. Const. Amend. VI. Smith argues that the Supreme Court ruled in Alleyne v. United States that all facts that trigger mandatory minimum sentences—including the fact of a prior conviction—must be alleged in an indictment, submitted to a jury, and proved beyond a reasonable doubt. — U.S. —, 133 S.Ct. 2151, 2155, 186 L.Ed.2d 314 (2013).

Smith’s arguments fail. “[N]either the Fifth Amendment nor the Sixth Amendment prevents] the district court from finding the fact of [Smithj’s prior convictions, or using them to designate him a[n Armed Career Criminal'].” United States v. Gibson, 434 F.3d 1234, 1246 (11th Cir.2006). Although it is ordinarily true that all'elements of a crime must be alleged by indictment and either proved beyond a reasonable doubt or admitted by a defendant, there is an exception for prior convictions. Almendarez-Torres v. United States, 523 U.S. 224, 247, 118 S.Ct. 1219, 1232-33, 140 L.Ed.2d 350 (1998). The Constitution does not require that “[t]he government ... allege in its indictment and ... prove beyond a reasonable doubt that [Smith] had prior convictions for a district court to use those convictions for purposes of enhancing a sentence.” Gibson, 434 F.3d at 1246 (internal quotation marks and citation omitted).

AUeyne did not overrule Almendarez-Torres, and the Fifth and Sixth Amendments do not limit the use of Smith’s prior convictions. United States v. Harris, 741 F.3d 1245, 1250 (11th Cir.2014). We acknowledged in Harris that there is “some tension” between Almendarez-Torres and AUeyne, but “we are bound to follow Al-mendarez-Torres unless and until the Supreme Court itself overrules that decision.” Id. (internal quotation marks and citation omitted). The district court correctly used Smith’s prior convictions to designate him an “armed career criminal.” Id.

B. Smith’s Prior Convictions Are “Serious Drug Offenses, ” and Nunez’s Pri- or Convictions Are “Controlled Substance Offenses.

As an initial matter, the parties disagree about whether an argument raised for the first time in a motion to reconsider a sentence is preserved for our review. The government argues that Smith and Nunez first raised their argument that their prior convictions were not “serious drug of-fensefs],” 18 U.S.C. § 924(e)(2)(A), and “controlled substance offensefs],” U.S.S.G. § 4B1.2(b), in their motions to reconsider their sentences. The government argues that, because Smith and Nunez filed notices of appeal before they filed motions to reconsider their sentences, the district courts did not have jurisdiction to grant the motions, and we should review their sentences for plain error. Smith argues that he first raised this issue at his sentencing, and Smith and Nunez argue that, in any event, their motions to reconsider their sentences preserved their objections and our review should be de novo. Because we conclude that the district courts committed no error, we need not decide which standard of review governs this issue.

Smith and Nunez argue that their prior convictions for violations of section 893.13(1) of the Florida Statutes do not qualify as “serious drug offense[s],” 18 U.S.C. § 924(e)(2)(A), and “controlled substance offense[s],” U.S.S.G. § 4B1.2(b). Smith and Nunez rely on our decision in Donawa v. United States Attorney General, where we were asked to[*1267] decide whether section 893.13(l)(a)(2) was a “drug trafficking aggravated felony” under the Immigration and Nationality Act of 1965, 8 U.S.C. § 1227(a). 735 F.3d 1275, 1278 (11th Cir.2013). The Act provided that “drug trafficking crime[s]” were “aggravated felon[ies],” 8 U.S.C. § 1101(a)(43)(B), and the Act broadly defined “drug trafficking crime” as “any felony punishable under the Controlled Substances Aet[,] 21 U.S.C. [§ ] 801 et seg.[,] the Controlled Substances Import and Export Act[,] 21 U.S.C. [§ ] 951 et seg. [,] or chapter 705 of title 46,” 18 U.S.C. § 924(c). We ruled that the “federal analogue,” 21 U.S.C. § 841(a)(1), to the Florida statute, Fla. Stat. § 893.13(l)(a)(2), supplied the elements of the “generic federal definition” of “drug trafficking crime.” Donawa, 735 F.3d at 1280-81 (internal quotation marks and citation omitted). We held that the Florida statute was not a “drug trafficking aggravated felony” because the federal analogue’ included an element of mens rea with respect to the illicit nature of the controlled substance and the Florida statute did not. Id. at 1281. Smith and Nunez argue that the “generic” federal definitions of “serious drug offense” and “controlled substance offense” include that same element of mens rea required by the definition of “drug trafficking aggravated felony.”

Smith’s and Nunez’s arguments fail. We need not search for the elements of “generic” definitions of “serious drug offense” and “controlled substance offense” because these terms are defined by a federal statute and the Sentencing Guidelines, respectively. A “serious drug offense” is “an offense under State law,” punishable by at least ten years of imprisonment, “involving manufacturing, distributing, or possessing with intent to manufacture or distribute, a controlled substance.” 18 U.S.C. § 924(e)(2)(A)®. And a “controlled substance offense” is any offense under state law, punishable by more than one year of imprisonment, “that prohibits the manufacture, import, export, distribution, or dispensing of a controlled substance ... or the possession of a controlled substance ... with intent to manufacture, import, export, distribute, or dispense.” U.S.S.G., § 4B1.2(b).

No element of mens rea with respect to the illicit nature of the controlled substance is expressed or implied by either definition. We look to the plain language of the definitions to determine their elements, United States v. Duran, 596 F.3d 1283, 1291 (11th Cir.2010), and we presume that Congress and the Sentencing Commission “said what [they] meant and meant what [they] said,” United States v. Strickland, 261 F.3d 1271, 1274 (11th Cir.2001) (internal quotation marks and citation omitted); see also United States v. Shannon, 631 F.3d 1187, 1190 (11th Cir.2011): The definitions require only that the predicate offense “involv[es],” 18 U.S.C. § 924(e)(2)(A)®, and “prohibios],” U.S.S.G. § 4B1.2(b), certain activities related to controlled substances.

Smith and Nunez argue that the presumption in favor of mental culpability and the rule of lenity, Staples v. United States, 511 U.S. 600, 606, 619, 114 S.Ct. 1793, 1797, 1804, 128 L.Ed.2d 608 (1994), require us to imply an element of mens rea in the federal definitions, but we disagree. The presumption in favor of mental culpability and the rule of lenity apply to sentencing enhancements only when the text of the statute or guideline is ambiguous. United States v. Dean, 517 F.3d 1224, 1229 (11th Cir.2008); United States v. Richardson, 8 F.3d 769, 770 (11th Cir.1993). The definitions of “serious drug offense,” 18 U.S.C. § 924(e)(2)(A)®, and “controlled substance offense,” U.S.S.G. § 4B1.2(b), are unambiguous.

Nunez also argues that our precedents require us to hold that section 893.13(1) is not a controlled substance offense, but his[*1268] argument fails.' Nunez argues that our holding in Young v. United States establishes that state crimes are “controlled substance offense[s],” U.S.S.G. § 4B1.2(2) (Nov.1988), only if they are “substantially similar” to federal drug trafficking crimes. 936 F.2d 533, 536-37 (11th Cir.1991). Nunez maintains that, because we held in Donawa that section 893.13(l)(a)(2) is not a “drug trafficking crime,” 735 F.3d at 1281, section 893.13(1) cannot be a controlled substance offense. But Nunez’s reliance on Young is misplaced because the definition of “controlled substance offense” that we interpreted in Young is distinct from the definition at issue in this appeal. Compare U.S.S.G. § 4B1.2(2) (Nov.1988), with U.S.S.G. § 4B 1.2(b) (Nov.2013). When we decided Young, “controlled substance offense” was defined as an enumerated list of federal drug trafficking crimes and “similar offenses.” U.S.S.G. § 4B1.2(2) (Nov.1988). But the definition of “controlled substance offense,” in this appeal, does not reference drug trafficking or a class of “similar offenses.” U.S.S.G. § 4B1.2(b) (Nov.2013).

Section 893.13(1) of the Florida Statutes is both a “serious drug offense,” 18 U.S.C. § 924(e)(2)(A), and a “controlled substance offense,” U.S.S.G. § 4B1.2(b). Neither definition requires that a predicate state offense includes an element of mens rea with respect to the illicit nature of the controlled substance. The district courts correctly sentenced Smith as an “armed career criminal,” U.S.S.G. § 4B1.4(a), and Nunez as a “career offender,” id. § 4Bl.l(a).

IV. CONCLUSION

We AFFIRM Smith’s and Nunez’s sentences.