No. 25-5226

Nashaun Drake v. United States

Lower Court: Sixth Circuit
Docketed: 2025-07-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: controlled-substance criminal-law federal-sentencing prior-conviction sentencing-guidelines statutory-interpretation
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether courts should determine a controlled substance offense under U.S.S.G. § 4B1.2(b) based on the substances controlled at the time of the prior conviction or at the time of federal sentencing

Question Presented (OCR Extract)

1. When defining a controlled substance offense under U.S.S.G. § 4B1.2(b) do courts look to the substances that were controlled on the date of the prior conviction or to the substances controlled on the date of federal sentencing?

Docket Entries

2025-10-06
Petition DENIED.
2025-08-07
DISTRIBUTED for Conference of 9/29/2025.
2025-08-04
Waiver of United States of right to respond submitted.
2025-08-04
Waiver of right of respondent United States to respond filed.
2025-07-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 28, 2025)
2025-07-09
Application (25A29) granted by Justice Kavanaugh extending the time to file until July 28, 2025.
2025-06-16
Application (25A29) to extend the time to file a petition for a writ of certiorari from June 26, 2025 to July 28, 2025, submitted to Justice Kavanaugh.

Attorneys

Nashaun Drake
Catherine Adinaro ShuskyFederal Public Defender, Northern District of Ohio, Petitioner
United States
D. John SauerSolicitor General, Respondent