No. 25-6622

Alante Martel Nelson v. United States

Lower Court: Fourth Circuit
Docketed: 2026-01-20
Status: Pending
Type: IFP
Response WaivedIFP
Tags: categorical-approach controlled-substance criminal-law federal-sentencing sentencing-guidelines statutory-interpretation
Latest Conference: 2026-02-20
Question Presented (AI Summary)

Whether courts should apply the categorical approach to determine a controlled substance offense under USSG § 4B1.2(b) by comparing elements of prior conviction to substances controlled at time of prior conviction or time of federal sentencing, and how to interpret undefined terms 'controlled substance' and 'distribution'

Question Presented (from Petition)

1. To determine a controlled substance offense under USSG § 4B1.2(b) using the categorical approach, do courts compare the elements of the prior conviction to substances that were controlled on the date of the prior conviction , or to the substances controlled on the date of federal sentencing? 2. Does the undefined term “controlled substance ” in USSG § 4B1.2(b) take its ordinary meaning, or the statutory definition in the Controlled Substances Act, 21 U.S.C. § 80 2(6)? 3. Does the undefined term “distribution” in USSG § 4B1.2(b) take its ordinary meaning, or the statutory definition in the Controlled Substances Act, 21 U.S.C. § § 802(8) , 802(11) ?

Docket Entries

2026-02-05
DISTRIBUTED for Conference of 2/20/2026.
2026-02-02
Supplemental Brief of Alante Nelson submitted.
2026-02-02
Supplemental brief of petitioner Alante Nelson filed. (Distributed)
2026-01-27
Waiver of United States of right to respond submitted.
2026-01-27
Waiver of right of respondent United States to respond filed.
2026-01-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 19, 2026)
2025-12-05
Application (25A660) granted by The Chief Justice extending the time to file until January 13, 2026.
2025-11-25
Application (25A660) to extend the time to file a petition for a writ of certiorari from December 14, 2025 to January 13, 2026, submitted to The Chief Justice.

Attorneys

Alante Nelson
Jenny ThomaFederal Public Defender Office, NDWV, Petitioner
Jenny ThomaFederal Public Defender Office, NDWV, Petitioner
Jenny ThomaFederal Public Defender Office, NDWV, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent