No. 24-7335

Curtis Harris v. United States

Lower Court: Seventh Circuit
Docketed: 2025-05-30
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: career-offender circuit-split controlled-substance-offense federal-law sentencing-guidelines state-conviction
Latest Conference: 2025-06-26
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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?

Docket Entries

2025-06-30
Petition DENIED.
2025-06-11
DISTRIBUTED for Conference of 6/26/2025.
2025-06-05
Waiver of United States of right to respond submitted.
2025-06-05
Waiver of right of respondent United States to respond filed.
2025-05-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 30, 2025)

Attorneys

Curtis Harris
Michael Will RoyFederal Public Defender Central District of Ill., Petitioner
Michael Will RoyFederal Public Defender Central District of Ill., Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent