No. 21-5731

Sheridan Sisk v. United States

Lower Court: Seventh Circuit
Docketed: 2021-09-22
Status: Denied
Type: IFP
IFP
Tags: circuit-split controlled-substance controlled-substances criminal-law due-process federal-sentencing-guidelines federal-statute sentencing-enhancement sentencing-guidelines statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Does the phrase 'controlled substance' in U.S.S.G. § 4B1.2(b) include substances excluded from the Controlled Substances Act?

Question Presented (OCR Extract)

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

Docket Entries

2022-01-10
Petition DENIED.
2021-12-09
DISTRIBUTED for Conference of 1/7/2022.
2021-11-22
Memorandum of respondent United States filed.
2021-10-13
Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2021.
2021-10-12
Motion to extend the time to file a response from October 22, 2021 to November 22, 2021, submitted to The Clerk.
2021-09-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 22, 2021)

Attorneys

Sheridan Sisk
Thomas A BrodnikMcNeely Law, Petitioner
Thomas A BrodnikMcNeely Law, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent