No. 20-7277

Niles O'Neil v. United States

Lower Court: Second Circuit
Docketed: 2021-03-03
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: appellate-review controlled-substance controlled-substance-offense inchoate-offense inchoate-offenses judicial-deference kisor-v-wilkie sentencing-guidelines statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (AI Summary)

Whether the Court of Appeals erred in holding that the U.S. Sentencing Commission acted within its authority by its commentary to § U.S. Sentencing Guidelines § 4B1.2, which broadened the detailed definition of 'controlled substance offense' set out at § 4B1.2(b) to include inchoate offenses?

Question Presented (from Petition)

ISSUES PRESENTED | I. Whether the Court of Appeals erred in holding that the U.S. Sentencing | ° Commission acted within its authority by its commentary to § U.S. | Sentencing Guidelines § 4B1.2, which broadened the detailed definition of | “controlled substance offense” set out at § 4B1.2(b) to include inchoate offenses? II. Whether the Court of Appeals erred in holding that the definition of | “controlled substance offense” set out at USSG §4b1.2(b) is unambiguous? | If so, then judicial deference to the Commission’s interpretation that the language includes inchoate offenses is unwarranted pursuant to Kisor v. Wilkie, 588 US ___, 139 S. Ct, 2400 (2019). |

Docket Entries

2021-06-21
Petition DENIED.
2021-06-01
DISTRIBUTED for Conference of 6/17/2021.
2021-05-28
Rescheduled.
2021-05-19
DISTRIBUTED for Conference of 6/3/2021.
2021-05-03
Memorandum of respondent United States filed.
2021-03-26
Motion to extend the time to file a response is granted and the time is extended to and including May 3, 2021.
2021-03-25
Motion to extend the time to file a response from April 2, 2021 to May 3, 2021, submitted to The Clerk.
2021-02-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 2, 2021)

Attorneys

Niles O'Neil
Andrew H. FreifeldAndrew Freifeld, Esq., Petitioner
Andrew H. FreifeldAndrew Freifeld, Esq., Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent