No. 24-6410

Antoine Wiggins v. United States

Lower Court: Third Circuit
Docketed: 2025-01-28
Status: Denied
Type: IFP
Amici (1)Response RequestedResponse WaivedRelisted (7)IFP
Tags: circuit-split controlled-substance criminal-procedure federal-law sentencing-guidelines state-law
Latest Conference: 2025-06-26 (distributed 7 times)
Question Presented (AI Summary)

Whether the term 'controlled substance' in the Sentencing Guidelines refers only to substances controlled under federal law or also includes substances controlled under state law

Question Presented (OCR Extract)

Under the federal Sentencing Guidelines § 2K2.1(a)( 2), a defendant previously convicted of a “controlled substance offense” is subject to a sentencing enhancement. The Guidelines define “controlled substance offense” as “an offense under federal or state law * * * that prohibits the manufacture, import, expo rt, distribution, or dispensing of a controlled substance.” U.S.S.G. § 4B1.2(b) (emphasis added); see id. § 2K2.1 application note 1. The Guidelines do not, however, define “controlled substance.” When a federal defendant is subject to a controlled substance enhancement under the Sentencing Guidelines, does the term “controlled substance” in the Sentencing Guidelines refer only to those substances controlled under federal law or also include substances controlled under state law?

Docket Entries

2025-06-30
Petition DENIED. Statement of Justice Sotomayor, with whom Justice Barrett joins, respecting the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/24-6410_igdj.pdf'>Opinion</a>)
2025-06-23
DISTRIBUTED for Conference of 6/26/2025.
2025-06-16
Rescheduled.
2025-06-16
DISTRIBUTED for Conference of 6/18/2025.
2025-06-12
Letter dated June 10, 2025 from counsel for petitioner received. (Distributed)
2025-06-10
Letter of Antoine Wiggins submitted.
2025-06-09
Rescheduled.
2025-06-09
DISTRIBUTED for Conference of 6/12/2025.
2025-06-02
Rescheduled.
2025-05-21
DISTRIBUTED for Conference of 6/5/2025.
2025-05-20
Reply of petitioner Antoine Wiggins filed. (Distributed)
2025-05-20
Reply of Antoine Wiggins submitted.
2025-05-07
Brief of respondent United States in opposition filed.
2025-05-07
Brief of United States in opposition submitted.
2025-04-07
Brief amicus curiae of National Association for Public Defense filed.
2025-04-07
Amicus brief of National Association for Public Defense submitted.
2025-04-04
Motion to extend the time to file a response is granted and the time is extended to and including May 7, 2025.
2025-04-03
Motion to extend the time to file a response from April 7, 2025 to May 7, 2025, submitted to The Clerk.
2025-04-03
Motion of United States for an extension of time submitted.
2025-03-07
Response Requested. (Due April 7, 2025)
2025-03-04
Rescheduled.
2025-03-03
DISTRIBUTED for Conference of 3/7/2025.
2025-02-24
Rescheduled.
2025-02-24
DISTRIBUTED for Conference of 2/28/2025.
2025-02-18
Rescheduled.
2025-02-06
DISTRIBUTED for Conference of 2/21/2025.
2025-02-03
Waiver of right of respondent United States to respond filed.
2025-02-03
Waiver of United States of right to respond submitted.
2024-12-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 27, 2025)

Attorneys

Antoine Wiggins
Danielle Desaulniers StempelHogan Lovells US LLP, Petitioner
Danielle Desaulniers StempelHogan Lovells US LLP, Petitioner
Julie A McGrainFederal Public Defender's Office, Petitioner
Julie A. McGrainFederal Public Defender's Office, Petitioner
Julie A. McGrainFederal Public Defender's Office, Petitioner
National Association for Public Defense
Richard A. SimpsonWiley Rein, LLP, Amicus
Richard A. SimpsonWiley Rein, LLP, Amicus
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent