The United States Sentencing Guidelines define a
"controlled substance offense" as one that includes
"the offense[] of * * * conspiring * * * to commit such
offenses." The question presented is whether this provision is limited to only those state and federal crimes
that categorically overlap the generic definition of a
conspiracy, requiring proof of both an overt act and an
agreement, as two circuits have held, or whether it
does not, as six circuits have held?

Whether the United States Sentencing Guidelines' definition of a 'controlled substance offense' is limited to only those state and federal crimes that categorically overlap the generic definition of a conspiracy, requiring proof of both an overt act and an agreement