No. 22-7904

Andrew Ryan Demont v. United States

Lower Court: Eighth Circuit
Docketed: 2023-06-29
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: appellate-review armed-career-criminal circuit-split controlled-substance criminal-law drug-convictions federal-guidelines federal-sentencing sentencing-enhancement sentencing-guidelines statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2023-10-06
Question Presented (AI Summary)

Whether prior drug convictions inclusive of decontrolled substances can be used for federal sentencing enhancements

Question Presented (from Petition)

QUESTIONS PRESENTED (1) Whether prior drug convictions inclusive of substances that have since been decontrolled can be used to impose present day federal sentencing enhancements. (2) Whether “controlled substance[s]” in the Federal Sentencing Guidelines §4B1.2(b) are limited to those substances defined and regulated under the federal Controlled Substances Act, 21 U.S.C. § 801 et seq. i

Docket Entries

2023-10-10
Petition DENIED.
2023-09-14
DISTRIBUTED for Conference of 10/6/2023.
2023-08-30
Brief of respondent United States in opposition filed.
2023-07-27
Motion to extend the time to file a response is granted and the time is extended to and including August 30, 2023.
2023-07-26
Motion to extend the time to file a response from July 31, 2023 to August 30, 2023, submitted to The Clerk.
2023-06-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 31, 2023)

Attorneys

Andrew Ryan Demont
Heather Rae QuickFederal Public Defender Office - Iowa, Petitioner
Heather Rae QuickFederal Public Defender Office - Iowa, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent