Whether the United States Sentencing Guidelines' definition of a 'controlled substance offense' is limited to only those state and federal crimes that categorically overlap the generic definition of a conspiracy, requiring proof of both an overt act and an agreement

QUESTION PRESENTED The United States Sentencing Guidelines define a “controlled substance offense” as one that includes “the offense[] of * * * conspiring * * * to commit such offenses.” The question presented is whether this provision is limited to only those state and federal crimes that categorically overlap the generic definition of a conspiracy, requiring proof of both an overt act and an agreement, as two circuits have held, or whether it does not, as six circuits have held? (i)