Whether the 'serious drug offense' definition in the Armed Career Criminal Act (ACCA) 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 The Court recently granted certiorari to resolve this question in Jackson v. United States, Case No. 22-6640 (May 15, 2023). Mr. Shearry respectfully asks this Court to hold his petition pending its consideration of Jackson and then dispose of it as appropriate. i INTERESTED PARTIES Pursuant to Sup. Ct. R. 14.1(b)G), Mr. Shearry submits that there are no