No. 23-5236

Marvas Aurelien v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-07-28
Status: Denied
Type: IFP
IFP
Tags: circuit-split controlled-substance controlled-substances criminal-sentencing drug-schedules federal-drug-schedules federal-law federal-sentencing sentencing-guidelines state-drug-offenses
Key Terms:
AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2023-10-27
Question Presented (AI Summary)

Whether the 'controlled substance' definition in United States Sentencing Guideline § 4B1.2(b) 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 (from Petition)

QUESTIONS PRESENTED L Whether the “controlled substance” definition in United States Sentencing Guideline § 4B1.2(b) incorporates the federal drug schedules in effect at the time of the federal firearm offense or federal sentencing (as the First, Second, and Ninth Circuits have held), or the federal drug schedules in effect at the time of the prior state drug offense (as the Third, Sixth, and Eighth Circuits have held).! I. Whether the “controlled substance” definition in § 4B1.2(b) refers exclusively to substances controlled by the federal government (as the Second and Ninth Circuits have held), or also to substances controlled by the pertinent state government (as the Third, Fourth, Seventh, Eighth, and Tenth Circuits have held). 1 The same question is presented in Clark v. United States, No. 22-6881, which is pending. And this Court has granted the petitions for writs of certiorari in Jackson v. United States, No. 22-6640, and Brown v. United States, No. 22-6389, to resolve a related question. Mr. Aurelien respectfully asks this Court to hold his petition pending its decision in Jackson/Brown and its consideration of Clark, and then dispose of it as appropriate. ; ADDITIONAL

Docket Entries

2023-10-30
Petition DENIED.
2023-10-12
DISTRIBUTED for Conference of 10/27/2023.
2023-09-27
Memorandum of respondent United States in opposition filed.
2023-08-24
Motion to extend the time to file a response is granted and the time is extended to and including September 27, 2023.
2023-08-23
Motion to extend the time to file a response from August 28, 2023 to September 27, 2023, submitted to The Clerk.
2023-07-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 28, 2023)

Attorneys

Marvas Aurelien
Lynn Palmer BaileyFederal Public Defender, Petitioner
Lynn Palmer BaileyFederal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent