Whether the 'serious drug offense' definition in the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(2)(A)(ii), incorporates the federal drug schedules in effect at the time of the federal firearm offense or the federal drug schedules in effect at the time of the prior state drug offense

QUESTION PRESENTED Whether the “serious drug offense” definition in the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(2)(A)(ii), incorporates the federal drug schedules in effect at the time of the federal firearm offense (as the Third, Fourth, Eighth, and Tenth Circuits have held), or the federal drug schedules in effect at the time of the prior state drug offense (as the Eleventh Circuit has held).! 1 This question is also presented in Jackson v. United States, Case No. 22-6640. Mr. Conage respectfully asks this Court to hold his petition pending its consideration of Jackson and then dispose of it as appropriate. i