Whether the categorical approach to determining whether a prior conviction constitutes a predicate offense requires courts to compare the specific conduct elements of 'attempted transfer' under 21 U.S.C. § 802(8) with 'attempted distribution' under 21 U.S.C. § 846, or whether aiding and abetting liability under 18 U.S.C. § 2 for distribution offenses sweeps more broadly than the underlying distribution statute itself

No question identified. : d. August 1, 2023: Deadline for seeking extension of time within which to file a petition for writ of certiorari in the United States Supreme Court. e. August 10, 2023: Expiration of time for filing a petition for writ of certiorari in the United States Supreme Court, unless extended. 2. In Groves, the Fourth Circuit Court of Appeals held, in relevant part, an “attempted transfer” of controlled substances, 21 U.S.C. § 802(8), had no conduct in common with an “attempted distribution” of controlled substances, 21 U.S.C. § 846. 65 F.4th at 173-74. It also held, in relevant part, that a federal conviction for aiding and abetting a controlled substance distribution offense, in violation of both 18 U.S.C. § 2 and 21 U.S.C. § 841, did not sweep more broadly than distribution alone under the categorical approach. Id. at 170-71. 3. | For a combination of reasons, there has regretfully been insufficient time to date for counsel to meet the current deadline of August 10, 2023. These include the demands of other cases, counsel’s obligations and briefs in the Northern District of West Virginia and the Fourth Circuit Court of Appeals. In addition, counsel has had to unexpectedly take significant medical leave in recent weeks for complications from two sudden-onset illnesses. Those required multiple doctor visits, an urgent care visit, and ultimately referral and admission to the Emergency Room for advanced treatment. Additionally, from July 31, 2023 to August 6, 2023, counsel will be out of the office and out of state on pre-booked, nonrefundable travel, leaving insufficient future time before August 10, 2023 to complete Groves’ petition. 4. Petitioner intends to ask this Court to grant review on important questions of federal law concerning whether the Court of Appeals correctly conducted the categorical approach comparison, which in turn also involves important questions of statutory interpretation of terms in the federal controlled substance statutes—21 U.S.C. §§ 841, 846, and 802. Petitioner respectfully believes that the Court of Appeals’ rulings on these important questions of federal law are contrary to this Court’s precedent, warranting review pursuant to Supreme Court Rule 10(c). 5. On July 26, 2023, undersigned counsel contacted the Office of the Solicitor General in an effort to obtain the government’s position on this request, and left both a contact number and email address as directed by the Solicitor General. As of the date of filing, however, no response has been received. For the foregoing reasons, Petitioner Groves respectfully prays that this Court grant an extension of sixty (60) days to and including Monday, October 9, 2023, within which to file his petition for writ of certiorari. Respectfully submitted, this the 31st day of July, 2023. /s/ Jenny R. Thoma Jenny Thoma Research & Writing Attorney Federal Public Defender’s Office Northern District of West Virginia 230 West Pike Street, Suite 360 Clarksburg, WV 26301 (304) 622-3823 jenny_thoma@fd.org