Can a federal judge impose a sentence enhancement based on a prior drug conviction inclusive of a substance that is no longer controlled at the time of sentencing?

QUESTION PRESENTED FOR REVIEW The United States Sentencing Guidelines significantly increase the recommended sentencing range for a defendant who has at least two prior felony convictions for a “controlled substance offense.” Can a federal judge impose a sentence enhancement based on a prior drug conviction inclusive of a substance that is no longer controlled at the time of sentencing?! ' The same question is presented in United States v. Clark, 46 F.4th 404 (6th Cir. 2022), cert. filed (U.S. Feb. 2023) (No. 22-6881), and United States v. Baker, No. 22-5110, 2022 WL 17581659 (6th Cir. Dec. 12, 2022), cert. filed, (U.S. Apr. 2023) (No. 22-7359). A similar question is presented in Brown v. United States, cert. granted, (U.S. May 2023) (No. 22-6389), and Jackson vy. United States, cert. granted, (May 2023) (No. 22-6640), only in the context of the Armed Career Criminal Act, 18 U.S.C. § 924(e). ii