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 federal sentencing, 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 or federal sentencing (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 Court has granted the petitions for a writ of certiorari in 226389, and Jackson v. United States, Case No. 22-6640, to resolve this question. Ms. Smith respectfully asks this Court to hold her petition pending its consideration of Brown and Jackson and then dispose of it as appropriate. i