Whether the term 'controlled substance' in the federal sentencing guidelines should be defined by federal law or the law of the state where the prior conviction arose

QUESTION PRESENTED Under the provisions of the career offender enhancement in the United States Sentencing Guidelines, guideline ranges are dramatically increased for people, among others, who have previous convictions for “controlled substance offenses.” That term is defined in the guidelines, but the term “controlled substance” is undefined. The question presented is whether the term “controlled substance” should be defined by federal law, the federal Controlled Substances Act, or whether it is defined by the law of every state in which any prior conviction arose? Put alternatively, when the federal sentencing guidelines say “controlled substance,” the question is “substances controlled by which government, federal or state?” And thus, whether prior convictions from states that have overbroad drug schedules can be predicate “controlled substance offenses” in the federal sentencing guidelines, under the categorical approach. ii