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

QUESTIONS PRESENTED 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.