No. 22-6345

Jeffrey Johnson v. United States

Lower Court: Seventh Circuit
Docketed: 2022-12-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 21-cfr-1308.11 career-offender controlled-substance controlled-substance-analogue drug-classification motion-to-suppress schedule-1 search-and-seizure search-warrant sentencing seventh-circuit
Latest Conference: 2023-02-17
Question Presented (from Petition)

I. Whether the Seventh Circuit Court of Appeals incorrectly allowed the District Court's Determination that Furanyl fentanyl was a "controlled substance analogue" as the substance is classified as a Schedule 1 controlled substance pursuant to 21 C.F.R. § 1308.11(42).

II. Whether the Seventh Circuit Court of Appeals incorrectly allowed the District Court's determination that Petitioner was a career offender where Petitioner's prior "controlled substance offenses" covered a broader range of drugs than those covered by federal law.

III. Whether the Seventh Circuit Court of Appeals incorrectly allowed the District Court's failure to grant Petitioner's motion to suppress narcotics where the officers exceeded the authority granted by the search warrant.

Question Presented (AI Summary)

Whether the Seventh Circuit Court of Appeals incorrectly allowed the District Court's Determination that Furanyl fentanyl was a 'controlled substance analogue

Docket Entries

2023-02-21
Petition DENIED.
2023-01-19
DISTRIBUTED for Conference of 2/17/2023.
2023-01-11
Waiver of right of respondent United States to respond filed.
2022-11-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 19, 2023)

Attorneys

Jeffrey Johnson
Jeffrey J. LevineLaw Office of Jeffrey J. Levine, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent