No. 19-6939

Anthony Scott Hunt v. United States

Lower Court: Fourth Circuit
Docketed: 2019-12-13
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: base-offense-level categorical-approach controlled-substance-offense divisibility drug-statute modified-categorical-approach predicate-offense sentencing-guidelines u.s.s.g-§-4b1.2(b) u.s.s.g.-§-2k2.1(a)(4)(a) u.s.s.g.-§-4b1.2(b)
Latest Conference: 2020-05-28 (distributed 2 times)
Question Presented (from Petition)

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?

Question Presented (AI Summary)

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

Docket Entries

2020-06-01
Petition DENIED.
2020-05-12
DISTRIBUTED for Conference of 5/28/2020.
2020-01-16
Rescheduled.
2020-01-09
DISTRIBUTED for Conference of 1/24/2020.
2019-12-27
Waiver of right of respondent United States to respond filed.
2019-12-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 13, 2020)

Attorneys

Anthony Hunt
Casey Price Riddle Jr.Federal Public Defenders Office, Petitioner
Hummel, Lauren
Noel J. FranciscoSolicitor General, Respondent