Whether the District Court and the Fourth Circuit Court of Appeals erred by holding that Mr. Skaggs' conviction in Wise County, Virginia on July 27, 2015, qualified as a 'serious drug felony' for purposes of a sentencing enhancement under 21 U.S.C. §841(b)(1)(A)

QUESTION PRESENTED Whether the District Court and the Fourth Circuit Court of Appeals erred by holding that Mr. Skaggs’ conviction in Wise County, Virginia on July 27, 2015, qualified as a “serious drug felony” for purposes of a sentencing enhancement under 21 U.S.C. §841(b)(1)(A) when the sentence for this conviction ran concurrently with other sentences for property crimes. The First Step Act of 2018 amended the law on enhanced sentences under certain statutes, including 21 U.S.C. § 841. See First Step Act, Pub. L. No. 115391, 132 Stat. 5194, 5220. If a defendant is convicted for distribution of "500 grams or more of a mixture or substance containing a detectable amount of methamphetamine" and "commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final, such person shall be sentenced to a term of imprisonment of not less than 15 years." 21 U.S.C. § 841(b)(1)(A)(vili). A "serious drug felony" is a drug offense for which "the offender served a term of imprisonment of more than 12 months." 21 U.S.C. § 802(57)(A). This Court has defined the phrase "term of imprisonment" to mean "the sentence that the judge imposes" or "the time that the prisoner actually serves," depending on the context. Barber v. Thomas, 560 U.S. 474, 484, 130 S. Ct. 2499 2 (2010). In this case, the Fourth Circuit interpreted the phrase "term of imprisonment of more than 12 months" under 21 U.S.C. § 802(57)(A), as the sentence imposed, not the time served. See also United States v. Corona-Verduzco, 963 F.3d 720, 724 (8" Cir. 2020). This case provides the United States Supreme Court the opportunity to settle the definition of “a serious drug felony” and the 12-month term of imprisonment requirement for purposes of sentencing enhancements when the sentence for the prior drug offense runs concurrently with other offenses that are not “serious drug felon[ies].”