No. 21-8075

Ricky Bagola v. United States

Lower Court: Eighth Circuit
Docketed: 2022-06-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 21-usc-801 advisory-range controlled-substance controlled-substance-offense controlled-substances-act criminal-law federal-sentencing-guidelines federal-statute prior-conviction sentencing-guidelines statutory-interpretation ussg-4b1.2(b)
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Is the term 'controlled substance' in § 4B1.2(b) limited to those substances defined and regulated under the federal Controlled Substances Act, 21 U.S.C. § 801 et seq.?

Question Presented (OCR Extract)

QUESTION PRESENTED The Federal Sentencing Guidelines provide for an enhanced advisory Guideline range for certain offenses if the defendant has a prior conviction for a “controlled substance offense,” as that phrase is defined in USSG § 4B1.2(b). The question presented is: Is the term “controlled substance” in § 4B1.2(b) limited to those substances defined and regulated under the federal Controlled Substances Act, 21 U.S.C. § 801 et seq.? i

Docket Entries

2022-10-03
Petition DENIED.
2022-06-16
DISTRIBUTED for Conference of 9/28/2022.
2022-06-10
Waiver of right of respondent United States to respond filed.
2022-06-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 7, 2022)

Attorneys

Ricky Bagola
Molly C. QuinnOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent