No. 20-8020

Charleston Pierre Wiggins v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-05-13
Status: Denied
Type: IFP
IFP
Tags: categorical-approach circuit-split controlled-substance-offense drug-distribution guideline-commentary sentencing-guidelines statutory-interpretation USSG-4B1.2(b)
Latest Conference: 2021-09-27
Question Presented (from Petition)

I
Whether an offense-matching categorical approach applies
to the determination of a "controlled substance offense"
under the USSG § 4B1.2(b)?

II
Whether courts may defer to Sentencing Guideline
commentary which strays from the unambiguous text of
the Guideline to conclude that "distribution" of drugs
includes attempted distribution of drugs.

Question Presented (AI Summary)

Whether an offense-matching categorical approach applies to the determination of a 'controlled substance offense' under the USSG § 4B1.2(b)?

Docket Entries

2021-10-04
Petition DENIED.
2021-07-29
DISTRIBUTED for Conference of 9/27/2021.
2021-07-14
Memorandum of respondent United States of America filed.
2021-06-09
Motion to extend the time to file a response is granted and the time is extended to and including July 14, 2021.
2021-06-08
Motion to extend the time to file a response from June 14, 2021 to July 14, 2021, submitted to The Clerk.
2021-05-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 14, 2021)

Attorneys

Charleston Wiggins
Richard Michael SummaFederal Public Defender, Northern District of Florida, Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent