Curtis Harris v. United States
Is the Seventh Circuit on the wrong side of a circuit split when it construes the term 'controlled substance offense' under § 4B1.2(b) of the Sentencing Guidelines to include state convictions, even when those convictions involve substances that are not outlawed by federal law?
Defendants who have two prior felony convictions for “ controlled substance offense [s]” qualify as career offender s under the f ederal Sentencing Guidelines . In the First, Second , Fifth, and Ninth Circuits, a conviction counts as a “ controlled substance offense ” only if the conduct involved a substance listed in the federal Controlled Substances Act. Is the Seventh Circuit on the wrong side of a circuit split when it construes the term “ controlled substance offense” under § 4B1.2(b) of the Sentencing Guidelines to include state convictions, even when those convictions involve substances that are not outlawed by federal law?