Heclouis Nieves-Diaz v. United States
SocialSecurity Securities Immigration
Whether the United States Sentencing Guidelines' definition of a 'controlled substance offense' is limited to only those state and federal crimes that categorically match the generic definition of a conspiracy, requiring proof of both an overt act and an agreement, or whether it does not
QUESTION PRESENTED The United States Sentencing Guidelines define a “controlled substance offense” to include “the offense[] of conspiring to commit such offenses.” The question presented is whether this provision is limited to only those state and federal crimes that categorically match the generic definition of a conspiracy, requiring proof of both an overt act and an agreement, as two circuits have held, or whether it does not, as six circuits have held. i PARTIES Heclouis Nieves-Diaz, Petitioner, was the defendantappellant below. The United States of America, Respondent, was the plaintiff-appellee below.