Whether the federal drug schedules in effect at the time of the federal offense or the prior state offense should be used to define a 'serious drug offense' under the Armed Career Criminal Act and Career Offender Sentencing Guidelines

QUESTION PRESENTED I. Whether the “serious drug offense” definition in the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(A)(ii), and the Career Offender enhancement section of the United States Sentencing Guidelines, U.S.S.G. § 4B1.1(a), which have similar provisions and similar definitions for the term Career Offender, incorporate either the federal drug schedules that were in effect at the time of the federal offense for which a defendant is currently being sentenced, as the Eleventh Circuit originally held in United States v. Jackson, 36 F.4th 1294 (11th Cir. 2022) (Jackson J), and currently four Circuits, the Third, Fourth, Eighth, and Tenth Circuits have now held, and not the federal drug schedules that were in effect at the time of the prior state drug offense as the Eleventh Circuit subsequently held in United States v. Jackson, 55 F.4th 846 (11th Cir. 2022) (En Banc) (Jackson IT), and whether that subsequent holding by the Eleventh Circuit in Jackson IT is incorrect, requiring this Court to resolve the current conflict among the Circuit Courts of Appeals and ambiguity in the law regarding the federal statutory definition of the term “serious drug offense” for purposes of sentencing enhancements under ACCA and the Career Offender Sentencing Guidelines? Il. Whether the “Rule of Lenity” applies and should guide this court’s consideration of the important issues raised by Petitioner here? Ill. Whether the “Plain Error Doctrine” applies and this Court should consider the important issues raised by Petitioner here? ii