Can a federal judge impose a sentence enhancement based on a prior drug conviction inclusive of a substance that is no longer controlled at the time of sentencing?

QUESTION PRESENTED FOR REVIEW The United States Sentencing Guidelines significantly increase the recommended sentencing range for a defendant who has at least two prior felony convictions of a controlled substance offense. Can a federal judge impose a sentence enhancement based on a prior drug conviction inclusive of a substance that is no longer controlled at the time of sentencing?! 1. The same question is presented in Altman, et al. v. United States (S. Ct. No. 225877) (docketed Oct. 20, 2022), and a related question is presented in Brown v. United States (S. Ct. No. 22-6389) (docketed Dec. 23, 2022) and Jackson v. United States (S. Ct. No. 22-6640) (docketed Jan. 26. 2023). The government agreed that this Court should grant certiorari on the issue as it relates to the Armed Career Criminal Act in Jackson v. United States (S. Ct. No. 226640) (distributed for conference as of March 30, 2023). ii