Anthony Scott Hunt v. United States
Environmental SocialSecurity Securities Immigration
Whether a state drug statute that is either (1) completely indivisible or (2) at most only generally divisible into no more than three separate offenses, all of which include a variety of means, including one which does not meet the definition of a controlled substance offense as defined in U.S.S.G. § 4B1.2(b), may be considered a predicate offense for calculation of a base offense level under U.S.S.G. § 2K2.1(a)(4)(A) under a proper application of this Court's precedent on the categorical and modified categorical approaches
QUESTION PRESENTED 1. WHETHER A STATE DRUG STATUTE, THAT IS EITHER (1) COMPLETELY INDIVISIBLE; OR (2) AT MOST ONLY GENERALLY DIVISIBLE INTO NO MORE THAN THREE SEPARATE OFFENSES, ALL OF WHICH INCLUDE A VARIETY OF MEANS, INCLUDING ONE WHICH DOES NOT MEET THE DEFINITION OF A CONTROLLED SUBSTANCE OFFENSE AS DEFINED IN U.S.S.G. § 4B1.2(b), MAY BE CONSIDERED A PREDICATE OFFENSE FOR CALCULATION OF A BASE OFFENSE LEVEL UNDER U.S.S.G. § 2K2.1(a) (4) (A) UNDER A PROPER APPLICATION OF THIS COURT’S PRECEDENT ON THE CATEGORICAL AND MODIFIED CATEGORICAL APPROACHES? i