No. 23-5164

Ermin Adzemovic v. United States

Lower Court: Eighth Circuit
Docketed: 2023-07-21
Status: Denied
Type: IFP
IFP
Tags: controlled-substance controlled-substance-offense criminal-sentencing decontrolled-substances drug-offense federal-sentencing-guidelines guideline-range prior-conviction sentencing-guidelines ussg-4b1.2
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Does a prior drug conviction under a statute that included now decontrolled substances qualify as a 'controlled substance offense' to enhance a defendant's Guideline range and sentence?

Question Presented (OCR Extract)

QUESTION PRESENTED The Federal Sentencing Guidelines provide for an enhanced advisory Guideline range for certain offenses if the defendant has a prior conviction for a “controlled substance offense,” as that phrase is defined in USSG § 4B1.2(). The question presented is: Does a prior drug conviction under a statute that included now decontrolled substances qualify as a “controlled substance offense” to enhance a defendant’s Guideline range and sentence? i

Docket Entries

2023-10-02
Petition DENIED.
2023-09-07
DISTRIBUTED for Conference of 9/26/2023.
2023-08-21
Memorandum of respondent United States in opposition filed.
2023-07-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 21, 2023)

Attorneys

Ermin Adzemovic
Molly C. QuinnOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent