No. 21-5173

Vernon Montrell Webster v. United States

Lower Court: Eighth Circuit
Docketed: 2021-07-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: application-note attempt-offense auer-deference circuit-split controlled-substance-offense kisor-v-wilkie sentencing-guidelines statutory-interpretation
Latest Conference: 2021-09-27
Question Presented (from Petition)

1. Whether this Court should resolve a Circuit Split and decide if a District Court's use of Application note 1 to U. S.S.G. § 4B1.2 is an improper exercise of Auer deference by adding "attempt" offenses to § 4B1.2(b)'s definition of a "controlled substance offense."

Question Presented (AI Summary)

Whether a District Court's use of Application note 1 to U.S.S.G. § 4B1.2 is an improper exercise of Auer deference by adding 'attempt' offenses to § 4B1.2(b)'s definition of a 'controlled substance offense'

Docket Entries

2021-10-04
Petition DENIED.
2021-08-05
DISTRIBUTED for Conference of 9/27/2021.
2021-07-29
Waiver of right of respondent United States of America to respond filed.
2021-07-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 23, 2021)

Attorneys

United States of America
Brian H. FletcherActing Solicitor General, Respondent
Vernon Webster
Christopher J. NathanFederal Defender Officer for the Northern District of Iowa, Petitioner