Sheridan Sisk v. United States
SocialSecurity Securities Immigration
Does the phrase 'controlled substance' in U.S.S.G. § 4B1.2(b) include substances excluded from the Controlled Substances Act?
QUESTIONS PRESENTED The Guideline applicable to a felon in possession, U.S.S.G. § 2K2.1, increases a defendant’s base offense level if a defendant has prior “controlled substance offenses,” as that term is used in the career offender Guideline, U.S.S.G. § 4B1.2. The career offender Guideline defines “controlled substance offense,” in part, as “an offense under federal or state law, punishable by imprisonment for a term exceeding one year, that prohibits the manufacture, import, export, distribution, or dispensing of a controlled substance...” U.S.S.G. § 4B1.2(b) (emphasis added). The questions presented are: 1. Does the phrase "controlled substance" in U.S.S.G. § 4B1.2(b), as it is incorporated into U.S.S.G. § 2K2.1, include substances that are excluded from the Controlled Substances Act, 21 U.S.C. § 801 et. seq. (the “CSA”)? 2. When defining an operative, but undefined, term in the Federal Sentencing Guidelines, should courts use analogous federal statutory definitions, should they use State statutory definitions, or should they use a judge-made "natural meaning" of that term? ii