Derrick Christopher Johnson v. United States
SocialSecurity Immigration
Whether petitioner's prior state drug offenses qualified as enumerated offenses under the career criminal provision of the United States Sentencing Guidelines
QUESTION(S) PRESENTED I. WHETHER PETITIONER'S "PRIOR STATE DRUG OFFENSES" QUALIFIED . AS ENUMERATED OFFENSES UNDER THE "CAREER CRIMINAM" PROVISION ; , OF THE UNITED STATES SENTENCING GUIDELINES? Il. WHETHER THE DISTRICT COURT IDENTIFIED A "BASE LEVEL" FOR THE OFFENSE OF CONVICTION AND ADJUSTED THAT LEVEL TO ACCOUNT ' FOR CIRCUMSTANCES SPECIFIC PETITIONER'S CASE? ROSALES~ MIRELES V. UNITED STATES. . III. WHETHER THE DISTRICT COURT EMPLOYED A PROPER ANALYSIS OF A DIVISIBLE STATUTE UNDER THE MODIFIED CATEGORICAL APPROACH IN DETERMINING WHETHER PETITIONER'S PRIOR STATE CONVICTIONS CONSTITUTED "QUALIFYING OFFENSES" UNDER THE CAREER OFFENDER PROVISION OF THE UNITED STATES SENTENCING GUIDELINES? MATHIS V. UNITED STATES. IV. WHETHER THE DISTRICT COURT COMMITTED "PLAIN ERROR" WHEN . SENTNECING PETITIONER AS A "CAREER OFFENDER" BASED ON STATUTE(S) WHICH HAVE BEEN DECLARED “DIVISIBLE" WITHOUT CONDUCTING A PROPER "MODIFIED CATEGORICAL ANALYSIS" AND } THEREFORE CALCULATING PETITIONER UNDER AN INCORRECT OFFENSE , LEVEL UNDER THE GUIDELINES? : : .