No. 23-5623

Patrick Medearis v. United States

Lower Court: Eighth Circuit
Docketed: 2023-09-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 21-usc-846 conspiracy controlled-substance-offense crime-of-violence federal-criminal-law overt-act sentence-enhancement sentencing-guidelines ussg-4b1.2
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-10-27
Question Presented (AI Summary)

Does conspiracy to distribute a controlled substance qualify as a 'controlled substance offense' under the Sentencing Guidelines?

Question Presented (OCR Extract)

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

Docket Entries

2023-10-30
Petition DENIED.
2023-10-05
DISTRIBUTED for Conference of 10/27/2023.
2023-09-27
Waiver of right of respondent United States to respond filed.
2023-09-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 23, 2023)

Attorneys

Patrick Medearis
Molly C. QuinnOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent