No. 22-7359
Response RequestedResponse WaivedRelisted (2)IFP
Tags: controlled-substances criminal-law criminal-procedure drug-convictions drug-offense federal-sentencing prior-convictions sentencing-guidelines statutory-interpretation
Latest Conference:
2023-09-26
(distributed 2 times)
Question Presented (from Petition)
The United States Sentencing Guidelines significantly increase the recommended sentencing range for a defendant who has at least two prior felony convictions of a controlled substance offense. Can a federal judge impose a sentence enhancement based on a prior drug conviction inclusive of a substance that is no longer controlled at the time of sentencing?
Question Presented (AI Summary)
Can a federal judge impose a sentence enhancement based on a prior drug conviction inclusive of a substance that is no longer controlled at the time of sentencing?
Docket Entries
2023-10-02
Petition DENIED.
2023-08-10
DISTRIBUTED for Conference of 9/26/2023.
2023-07-31
Reply of petitioner Devin Baker filed.
2023-07-26
Brief of respondent United States in opposition filed.
2023-06-21
Motion to extend the time to file a response is granted and the time is extended to and including July 26, 2023.
2023-06-20
Motion to extend the time to file a response from June 26, 2023 to July 26, 2023, submitted to The Clerk.
2023-05-26
Response Requested. (Due June 26, 2023)
2023-05-17
DISTRIBUTED for Conference of 6/1/2023.
2023-05-09
Waiver of right of respondent United States to respond filed.
2023-04-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 25, 2023)
Attorneys
Devin Baker
Doris Randle-Holt — Federal Public Defender, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent