Tommy Adams, Jr. v. United States
Environmental SocialSecurity Securities Immigration
Did the Fourth Circuit Court of Appeals incorrectly apply the line of authority from this Court beginning with Taylor v. United States, 495 U.S. 575 (1995) and continuing through Descamps v. United States, 570 U.S. 254 (2013) and Mathis v. United States, 136 S. Ct. 2243 (2016) by using the modified categorical approach to find that Petitioner's South Carolina drug convictions for violating S.C. Code Ann §§ 44-53-370 and 44-53-375 qualified as controlled substance offenses as defined in U.S.S.G. § 4B1.2 for purposes of the career offender guideline found at U.S.S.G. § 4B1.1
QUESTION PRESENTED 1. DID THE FOURTH CIRCUIT COURT OF APPEALS INCORRECTLY APPLY THE LINE OF AUTHORITY FROM THIS COURT BEGINNING WITH TAYLOR V. UNITED STATES, 495 U.S. 575 (1995) AND CONTINUING THROUGH DESCAMPS V. UNITED STATES, 570 U.S. 254 (2013) AND MATHIS V. UNITED STATES, 136 S. CT. 2243 (2016) BY USING THE MODIFIED CATEGORICAL APPROACH TO FIND THAT PETITIONER’S SOUTH CAROLINA DRUG CONVICTIONS FOR VIOLATING S.C. CODE ANN §§ 44-53-370 AND 44-53-375 QUALIFIED AS CONTROLLED SUBSTANCE OFFENSES AS DEFINED IN U.S.S.G. § 4Bl1.2 FOR PURPOSES OF THE CAREER OFFENDER GUIDELINE FOUND AT U.S.S.G. § 4B1.1. i