The battle lines are clearly drawn, with the circuits split and without
this court's intervention the debate regarding inchoate offenses are controlled
substance offenses when the State crime concerns "delivery" where its means
cover attempts. The statute at issue, Section 780-1 13(a)(30), has as an element
"delivery" which includes as a means, "attempted transfer." The Third Circuit
in Dawson, Below, says it is a controlled substance, while Campbell court
finds an identical West Virginia statute is not a controlled substance offense.
Should this Court grant certiorari to resolve this hot button issue which courts
are split on? The only answer is yes.

Whether prior convictions for inchoate offenses involving 'delivery' of controlled substances, where the state statute includes 'attempted transfer' as a means, qualify as 'controlled substance offenses' under the Sentencing Guidelines