Whether a defendant challenging a prior state conviction under the controlled substances definitions must produce actual state court decisions (i.e., show reasonable probability of prosecution) showing non-generic application of a facially overbroad statute—as the Fifth Circuit alone requires—or whether the statutory text suffices to demonstrate overbreadth—as every other circuit holds?

Whether a defendant challenging a prior state conviction under controlled substances definitions must produce actual state court decisions showing reasonable probability of prosecution under a facially overbroad statute, as the Fifth Circuit requires, or whether statutory text alone suffices to demonstrate overbreadth, as other circuits hold