Patrick Medearis v. United States
SocialSecurity Securities Immigration
Does conspiracy to distribute a controlled substance qualify as a 'controlled substance offense' under the Sentencing Guidelines?
QUESTIONS 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” or a “crime of violence” as those phrases are defined in USSG § 4B1.2. The questions presented are: I. Does conspiracy to distribute a controlled substance in violation of 21 U.S.C. § 846 qualify as a “controlled substance offense” under USSG § 4B1.2(b) even though inchoate offenses are not expressly included in the text of the guideline and § 846 does not require an overt act? II. Does assaulting, resisting, or impeding a federal officer with a deadly or dangerous weapon or by inflicting bodily injury in violation of 18 U.S.C. § 111(b) qualify as a “crime of violence” under USSG § 4B1.2(a)? i