No. 22-5461
James Keith Russey v. United States
Response WaivedIFP
Tags: categorical-approach circuit-split controlled-substance federal-jurisdiction judicial-interpretation legal-uniformity sentencing-guidelines state-law
Key Terms:
Environmental SocialSecurity Securities Immigration
Environmental SocialSecurity Securities Immigration
Latest Conference:
2022-10-07
Question Presented (from Petition)
Whether the categorical approach requires courts to define Sentencing Guidelines terms like "controlled substance" uniformly, as three circuits have held, or whether the meaning of such a term may vary from case to case depending on how the relevant state or federal jurisdiction defines it, as the Tenth Circuit held below, and as three other circuits have also held.
(This question is already pending before this Court in Jones v. United States, Case No. 22-5342, and Mr. Russey and Mr. Ritchie request that the Court hold this petition pending the disposition in Jones.)
Question Presented (AI Summary)
Whether the categorical approach requires courts to define Sentencing Guidelines terms like 'controlled substance' uniformly
Docket Entries
2022-10-11
Petition DENIED.
2022-09-15
DISTRIBUTED for Conference of 10/7/2022.
2022-09-08
Waiver of right of respondent United States to respond filed.
2022-08-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2022)
2022-07-29
Application (22A79) granted by Justice Gorsuch extending the time to file until August 25, 2022.
2022-07-26
Application (22A79) to extend the time to file a petition for a writ of certiorari from August 8, 2022 to September 19, 2022, submitted to Justice Gorsuch.
Attorneys
James Keith Russey
Shira Kieval — Office of the Federal Public Defender, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent