No. 22-5816
Response WaivedIFP
Tags: 21-usc-841 career-offender conspiracy conspiracy-offense controlled-substance ineffective-assistance legislative-authority legislative-delegation sentencing-commission sentencing-guidelines
Latest Conference:
2022-11-04
Question Presented (from Petition)
Did trial counsel provide ineffective assistance to his client upon his failure to research, investigate, and object to his client's career offender classification predicated on two prior convictions of conspiracy to commit a violation of 21 U.S.C. §841?
Has Congress delegated it's legislative authority to the Sentencing Commission to modify its statutory directive and include conspiracy offenses to the definition of "controlled substance offense" through commentary?
Question Presented (AI Summary)
Did trial counsel provide ineffective assistance to his client upon his failure to research, investigate, and object to his client's career offender classification predicated on two prior convictions of conspiracy to commit a violation of 21 U.S.C. §841?
Docket Entries
2022-11-07
Petition DENIED.
2022-10-20
DISTRIBUTED for Conference of 11/4/2022.
2022-10-17
Waiver of right of respondent United States to respond filed.
2022-10-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 14, 2022)
Attorneys
Tony Lam
Tony Lam — Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent