Whether a defendant's prior state drug possession convictions qualify as 'felony drug offenses' under 21 U.S.C. § 841(b) for purposes of imposing a mandatory life sentence

No question identified. : To the Honorable Circuit Justice for the United States Court of Appeals for the Eighth Circuit: In accordance with this Court's Rules 13.5, 22, 30.2, and 30.3, Applicant Shawn Russell Sorenson, pro se, respectfully requestd that the time to file its petition for a Writ of Certiorari be extended for 60 days, up to and including Wednesday, November 12,2025. The Court of Appeals issued its opinion and denied rehearing en banc on August 2025. Absent an extension of time, the petition would be due on Wednesday November 12,2025. The jurisdiction of this Court is based on 28 U.S.C. § 1254(1). This request is unopposed. The appeal from the Eighth Circuit (No. 23-1593) was affirmed. Background This Court should grant Mr. Sorenson's petition for certiorari to resolve a conflict among the U.S. Court of Appeals as to whether Petitioner's prior simple possession drug convictions under Arizona and South Dakota state laws qualify as “prior drug felony offenses under 21 U.S.C. § 802(44), 841(b) (1) (A) and 851? Thereby qualifying Petitioner for an erroneous mandatory minimum of life. ? Whether Mr. Sorenson's minimum mandatory walking death sentence violates the Eighth Amendment of the Constitution in light of the First Step Act 2018? See U.S. v. Sorenson, 893 F.3d 1060,1065(8th Circuit 2018). (2) Reasons For Granting an Extension of Time Applicant is pro se and is currently at FCI Leavenworth in Kansas at this time. Due to his current location, Applicant endures "lockdowns" which prevent him to litigate his appeal, the only working copy machine is out of service and has been for over three months, which violates his access to the courts and his ability to comply with this Court's rules and procedures as well. These issues which involves him to properly litigate his appeal impacts his time to do so, therefore additional time is requested to prepare his petition. Conclusion Applicant requests that the time to file a writ of certiorari in the above-captioned case be extended 60 days to and including Wednesday November 12,2025. Dated this AG Tray of October, 2025. Respectfully Submitted, Shawn Russell Sorensen #16450-273 FCI Leavenworth P.O. BOX 1000 Leavenworth,KS 66048 (3) Gnited States Court of Appeals For the Cighth Circuit No. 23-1593 Shawn Russell Sorensen Petitioner Appellant v. United States of America Respondent Appellee Appeal from United States District Court for the District of South Dakota Southern Submitted: October 24, 2024 Filed: June 2, 2025 Before SHEPHERD, KELLY, and STRAS, Circuit Judges. KELLY, Circuit Judge. Shawn Russell Sorensen was convicted of drug and firearm offenses and sentenced to mandatory life imprisonment. He later filed a motion pursuant to 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence. The district court! !The Honorable Karen E. Schreier, United States District Judge for the District of South Dakota. Appellate Case: 23-1593 Page:1 Date Filed: 06/02/2025 Entry ID: 5522402 dismissed the motion. We granted a certificate of appealability on one issue: whether counsel provided ineffective assistance by failing to argue that Sorensen’s prior state convictions did not qualify as “felony drug offense[s]” for purposes of 21 U.S.C. § 841’s sentencing enhancement scheme. We affirm. In 2016, a jury convicted Sorensen of conspiracy to distribute 500 grams or more of a mixture or substance containing methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. Before trial, the government filed notice of its intent to seek increased punishment based on Sorensen’s prior state convictions for two “felony drug offense[s]”: possession of a controlled substance in violation of South Dakota Codified Laws § 22-42-5, and possession of dangerous drugs (methamphetamine) in violation of Arizona Revised Statutes § 13-3407 (2008). See 21 U.S.C. §§ 802(44), 841(b), 851(a). Relying on these two prior convictions, the district court imposed a mandatory sentence of life imprisonment. See 21 U