Whether the calculation of the defendant's advisory guideline range, which influenced the sentence imposed, constituted a miscarriage of justice when the base offense level was fixed improperly based on previous state drug convictions that did not constitute 'controlled substance offenses' under federal law under the categorical approach

QUESTION PRESENTED Despite waiving his right to appeal his sentence except under limited circumstances, did the calculation of his advisory guideline range, which influenced the sentence imposed, constitute a miscarriage of justice when the base offense level was fixed improperly based on previous state drug convictions which did not constitute “controlled substance offenses” under federal law under the categorical approach? i