Whether 28 U.S.C. § 994(h)(2)(B) and the definition of a 'controlled substance offense' in U.S.S.G. § 4B1.2(b) require that a defendant's prior offense include the mens rea of knowledge of the illicit nature of the substance

QUESTION PRESENTED Whether 28 U.S.C. § 994(h)(2)(B) and the definition of a “controlled substance offense” in U.S.S.G. § 4B1.2(b) require that a defendant’s prior offense include the mens rea of knowledge of the illicit nature of the substance. i PROCEEDINGS IN FEDERAL TRIAL AND APPELLATE COURTS DIRECTLY RELATED TO THIS CASE United States District Court (M.D. Fla.): United States v. Gregory Brown, No. 8:16-cr-428-T-33TBM (June 21, 2019) United States Court of Appeals (11th Cir.): United States v. Gregory Brown, No. 17-13389 (Oct. 1, 2018) United States v. Gregory Brown, No. 19-12576 (Dec. 17, 2020) ii