No. 20-8213

James Atwood v. United States

Lower Court: Seventh Circuit
Docketed: 2021-06-03
Status: Denied
Type: IFP
Relisted (4)IFP
Tags: career-offender circuit-split controlled-substance controlled-substances federal-law sentencing-guidelines state-law
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-01-07 (distributed 4 times)
Question Presented (AI Summary)

Does the undefined term 'controlled substance' in the federal Sentencing Guidelines refer to substances controlled by federal law or state law?

Question Presented (from Petition)

QUESTION PRESENTED Does the undefined term “controlled substance” in the federal Sentencing Guidelines mean substances controlled by federal law, the federal Controlled Substances Act (CSA)—or, does the term also refer to the myriad definitions found in each state law, such that prior convictions from states with drug schedules broader than the federal CSA qualify as predicate “controlled substance offenses” for purposes of the career-offender enhancement? The same question is currently pending before this Court in Ward v. United States, No. 20-7327. i

Docket Entries

2022-01-10
Petition DENIED.
2022-01-03
DISTRIBUTED for Conference of 1/7/2022.
2021-12-06
DISTRIBUTED for Conference of 12/10/2021.
2021-12-06
Rescheduled.
2021-11-29
Rescheduled.
2021-11-17
DISTRIBUTED for Conference of 12/3/2021.
2021-09-02
Rescheduled.
2021-08-19
DISTRIBUTED for Conference of 9/27/2021.
2021-08-12
Reply of petitioner James Atwood filed.
2021-08-05
Brief of respondent United States in opposition filed.
2021-07-01
Motion to extend the time to file a response is granted and the time is extended to and including August 5, 2021.
2021-06-30
Motion to extend the time to file a response from July 6, 2021 to August 5, 2021, submitted to The Clerk.
2021-05-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 6, 2021)

Attorneys

James Atwood
Michelle L. JacobsBiskupic & Jacobs SC, Petitioner
Michelle L. JacobsBiskupic & Jacobs SC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent