No. 24-7167

Derek Rogers v. United States

Lower Court: Eighth Circuit
Docketed: 2025-05-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: career-offender circuit-split controlled-substance-offense ineffective-assistance section-2255 sentencing-guidelines
Key Terms:
HabeasCorpus
Latest Conference: 2025-06-05
Question Presented (AI Summary)

Whether a conviction under Colorado Revised Statute for a controlled substance offense can serve as a predicate for career offender designation under U.S. Sentencing Guidelines, despite broader statutory language

Question Presented (OCR Extract)

1. Whether a conviction under Colo. Rev. Stat. § 18-18-406(2)(b)@), (ID(C) can serve as a predicate “controlled substance offense” for career offender designation under USSG §§ 4B1.1(a), 4B1.2(b), even where the statute criminalizes conduct broader than the USSG definition of a “controlled substance offense.” 2. Whether this Court should resolve an apparent Circuit split between the Tenth and Eighth Circuits as to whether a conviction under Colo. Rev. Stat. (D(C) can serve as a predicate “controlled substance offense” for career offender designation under USSG §§ 4B1.1(a), 4B1.2(b). 3. Whether this Court should take the opportunity to decide an important federal question — Whether a Section 2255 applicant can challenge a sentence derived from an incorrect guideline calculation caused by ineffective assistance of trial counsel at sentencing, even after this Court’s decision in United States v. Beckles. 2

Docket Entries

2025-06-06
Petition DENIED.
2025-05-21
DISTRIBUTED for Conference of 6/5/2025.
2025-05-15
Waiver of United States of right to respond submitted.
2025-05-15
Waiver of right of respondent United States to respond filed.
2025-05-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 9, 2025)

Attorneys

Derek Rogers
Nicholas Alan BaileyBailey Law Firm, PLLC, Petitioner
United States
D. John SauerSolicitor General, Respondent