No. 20-7533

Preston James v. United States

Lower Court: Second Circuit
Docketed: 2021-03-23
Status: Denied
Type: IFP
IFP
Tags: career-offender career-offender-guideline controlled-substance controlled-substance-offense guideline-commentary inchoate-offense inchoate-offenses sentencing-guidelines statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-06-24
Question Presented (AI Summary)

Whether it is a misapplication of the Sentencing Guidelines for a sentencing court to defer to guideline commentary that expands the definition of a controlled substance offense from the substantive 'distribution' of a controlled substance specified in the career offender guideline, U.S.S.G. § 4B1.2, to other inchoate attempts and conspiracies to which the plain language of this guideline does not apply

Question Presented (from Petition)

QUESTION PRESENTED Whether it is a misapplication of the Sentencing Guidelines for a sentencing court to defer to guideline commentary that expands the definition of a controlled substance offense from the substantive “distribution” of a controlled substance specified in the career offender guideline, U.S.S.G. § 4B1.2, to other inchoate attempts and conspiracies to which the plain language of this guideline does not apply. i

Docket Entries

2021-06-28
Petition DENIED.
2021-06-09
DISTRIBUTED for Conference of 6/24/2021.
2021-05-24
Memorandum of respondent United States of America filed.
2021-04-16
Motion to extend the time to file a response is granted and the time is extended to and including May 24, 2021.
2021-04-15
Motion to extend the time to file a response from April 22, 2021 to May 24, 2021, submitted to The Clerk.
2021-03-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2021)

Attorneys

Preston James
Georgia J. HindeLaw Office of Georgia J. Hinde, Petitioner
Georgia J. HindeLaw Office of Georgia J. Hinde, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent