Whether a statute that criminalizes a constructive delivery of drugs without bona fide intent to transfer possession is a felony 'controlled substance offense' for purposes of a sentencing guidelines enhancement

QUESTIONS PRESENTED | (1) Whether a statute that criminalizes a constructive delivery of drugs without bona fide intent to transfer possession is a felony “controlled substance offense” for purposes of a sentencing guidelines enhancement; and (2) Whether the Confrontation Clause prohibits an enhanced sentence based on testimonial out-of-court statements offered to prove prior bad conduct. | | | : | | |