No. 20-5267

Kolongi Richardson v. United States

Lower Court: Second Circuit
Docketed: 2020-08-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: career-offender circuit-split controlled-substance-offense criminal-sentencing federal-conspiracy inchoate-offenses sentencing-guidelines statutory-interpretation
Latest Conference: 2020-09-29
Question Presented (from Petition)

1. Whether the inclusion of inchoate offenses within the commentary is inconsistent with the text of U.S.S.G. § 4B1.2, rendering the commentary not legally binding.

2. Whether federal conspiracy, 21 U.S.C. § 846, is a predicate "controlled substance offense" when it does not require the commission of an overt act, as conspiracy offenses are generically defined.

Question Presented (AI Summary)

Whether the inclusion of inchoate offenses within the commentary is inconsistent with the text of U.S.S.G. § 4B1.2, rendering the commentary not legally binding

Docket Entries

2020-10-05
Petition DENIED.
2020-08-20
DISTRIBUTED for Conference of 9/29/2020.
2020-08-11
Waiver of right of respondent United States of America to respond filed.
2020-08-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2020)

Attorneys

Kolongi Richardson
James EganOffice of the Federal Public Defender, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent