No. 22-5879
Eugene Thurman v. United States
IFP
Tags: administrative-law appellate-review controlled-substance criminal-law due-process fifth-circuit sentencing-guidelines separation-of-powers statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Environmental SocialSecurity Securities Immigration
Latest Conference:
2023-01-20
Question Presented (AI Summary)
Did the Fifth Circuit Court of Appeals err in deferring to the Sentencing Commission's use of commentary to expand the definition of 'controlled substance offense' in U.S.S.G. § 4B1.2(b)
Question Presented (OCR Extract)
QUESTION PRESENTED Did the Fifth Circuit Court of Appeals err when it deferred to the United States Sentencing Commission’s use of commentary in its Guidelines Manual to expand the unambiguous and Congressionally authorized textual definition of U.S.S.G. § 4B1.2(b), of “controlled substance offense,” to include “conspiracies” to commit such an offense? il
Docket Entries
2023-01-23
Petition DENIED.
2023-01-05
DISTRIBUTED for Conference of 1/20/2023.
2022-12-21
Memorandum of respondent United States filed.
2022-11-17
Motion to extend the time to file a response is granted and the time is extended to and including December 21, 2022.
2022-11-16
Motion to extend the time to file a response from November 21, 2022 to December 21, 2022, submitted to The Clerk.
2022-10-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 21, 2022)
Attorneys
Eugene Thurman
Betty L. Marak — Federal Defender's Office, Petitioner
United States of America
Elizabeth B. Prelogar — Solicitor General, Respondent