Marvas Aurelien v. United States
AdministrativeLaw SocialSecurity Securities Immigration
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
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