No. 22-5461

James Keith Russey v. United States

Lower Court: Tenth Circuit
Docketed: 2022-08-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: categorical-approach circuit-split controlled-substance federal-jurisdiction judicial-interpretation legal-uniformity sentencing-guidelines state-law
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2022-10-07
Question Presented (AI Summary)

Whether the categorical approach requires courts to define Sentencing Guidelines terms like 'controlled substance' uniformly

Question Presented (OCR Extract)

Question Presented Whether the categorical approach requires courts to define Sentencing Guidelines terms like “controlled substance” uniformly, as three circuits have held, or whether the meaning of such a term may vary from case to case depending on how the relevant state or federal jurisdiction defines it, as the Tenth Circuit held below, and as three other circuits have also held. (This question is already pending before this Court in Jones v. United States, Case No. 22-5342, and Mr. Russey and Mr. Ritchie request that the Court hold this petition pending the disposition in Jones.) ii

Docket Entries

2022-10-11
Petition DENIED.
2022-09-15
DISTRIBUTED for Conference of 10/7/2022.
2022-09-08
Waiver of right of respondent United States to respond filed.
2022-08-23
2022-07-29
Application (22A79) granted by Justice Gorsuch extending the time to file until August 25, 2022.
2022-07-26
Application (22A79) to extend the time to file a petition for a writ of certiorari from August 8, 2022 to September 19, 2022, submitted to Justice Gorsuch.

Attorneys

James Keith Russey
Shira KievalOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent