No. 21-7163

Nathaniel Ruth v. United States

Lower Court: Seventh Circuit
Docketed: 2022-02-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: career-offender circuit-split controlled-substances criminal-procedure federal-law sentencing-guidelines state-law statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2022-03-18
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

QUESTION PRESENTED A defendant convicted of violating the Controlled Substances Act is a “career offender” under the United States Sentencing Guidelines if, among other things, he has at least two prior felony convictions of either a crime of violence or a controlled substance offense. The guidelines define “controlled substance offense” as, in part, “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. The questions presented by this petition are: I Does the phrase “controlled substance” in U.S.S.C. § 4B1.2(b) include substances that are excluded from the Controlled Substances Act? Il. | When defining an operative, but undefined, term in the United States Sentencing Guidelines, should courts use analogous federal statutory definitions, state statutory definitions, or judge-made “natural meaning” of the term? ii

Docket Entries

2022-03-21
Petition DENIED.
2022-03-03
DISTRIBUTED for Conference of 3/18/2022.
2022-02-28
Waiver of right of respondent United States to respond filed.
2022-02-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 21, 2022)

Attorneys

Nathaniel Ruth
Johanna Maria ChristiansenFederal Public Defender's Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent