No. 19-6748

Steven A. Adams v. United States

Lower Court: Seventh Circuit
Docketed: 2019-11-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aiding-and-abetting ambiguity attempt conspiracy controlled-substance controlled-substance-offense criminal-law deference deference-doctrine sentencing-enhancement sentencing-guidelines sentencing-guidelines-manual-4b1.2b statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Whether the term 'controlled substance offense' defined by UNITED STATES SENTENCING GUIDELINES MANUAL § 4B1.2(b) is ambiguous

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether the term “controlled substance offense” defined by UNITED STATES SENTENCING GUIDELINES MANUAL § 4B1.2(b) to mean “an offense under federal or state law, punishable by imprisonment for a term exceeding one year, that prohibits the manufacture, import, export, distribution, or dispensing of a controlled substance (or a counterfeit substance) or the possession of a controlled substance (or a counterfeit substance) with intent to manufacture, import, export, distribute, or dispense” is ambiguous? 2. If § 4B1.2(b) is ambiguous, whether the Sentencing Commission’s Commentary to § 4B1.2(b) to define as “controlled substance offense” the “offenses of aiding and abetting, conspiring, and attempting to commit such offenses” is consistent with the text of § 4B1.2(b) and therefore entitled to deference by reviewing courts? ii

Docket Entries

2020-01-13
Petition DENIED.
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-12-13
Waiver of right of respondent United States of America to respond filed.
2019-11-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2019)

Attorneys

Steven A. Adams
Brian Patrick MullinsFederal Public Defender for the Central District of Illinois, Petitioner
Brian Patrick MullinsFederal Public Defender for the Central District of Illinois, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent