Anthony Scott Hunt v. United States
WHETHER A STATE DRUG STATUTE, THAT IS EITHER COMPLETELY INDIVISIBLE OR AT MOST ONLY DIVISIBLE INTO NO MORE THAN THREE GENERALLY SEPARATE OFFENSES, ALL OF WHICH INCLUDE A VARIETY OF MEANS, INCLUDING ONE WHICH MAY BE CONSIDERED AS AN OFFENSE OF POSSESSION OF A CONTROLLED SUBSTANCE FOR CALCULATION OF A PREDICATE OFFENSE UNDER U.S.S.G. § 4B1.2(b) FOR A BASE OFFENSE LEVEL UNDER U.S.S.G. § 2K2.1(a)(4)(A) UNDER A PROPER APPLICATION OF THIS COURT'S PRECEDENT ON THE CATEGORICAL AND MODIFIED CATEGORICAL APPROACHES?
Whether a state drug statute that is either (1) completely indivisible or (2) at most only generally divisible into no more than three separate offenses, all of which include a variety of means, including one which does not meet the definition of a controlled substance offense as defined in U.S.S.G. § 4B1.2(b), may be considered a predicate offense for calculation of a base offense level under U.S.S.G. § 2K2.1(a)(4)(A) under a proper application of this Court's precedent on the categorical and modified categorical approaches