No. 23-5114

Leroy C. Tate v. United States

Lower Court: Eighth Circuit
Docketed: 2023-07-17
Status: Denied
Type: IFP
IFP
Tags: armed-career-criminal-act career-offender categorical-approach circuit-split controlled-substance eighth-circuit-interpretation federal-sentencing-guidelines mcneill-precedent mcneill-v-united-states sentencing-guidelines state-law
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-09-26
Question Presented (from Petition)

Does McNeill require courts to define "controlled substance" under § 4B1.2 of the federal sentencing guidelines by consulting superseded state schedules that had been in effect at the time of a prior state conviction?

Question Presented (AI Summary)

Does McNeill require courts to define 'controlled substance' under § 4B1.2 of the federal sentencing guidelines by consulting superseded state schedules that had been in effect at the time of a prior state conviction?

Docket Entries

2023-10-02
Petition DENIED.
2023-08-31
DISTRIBUTED for Conference of 9/26/2023.
2023-08-21
Reply of petitioner Leroy Tate filed.
2023-08-16
Memorandum of respondent United States filed.
2023-07-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 16, 2023)
2023-05-23
Application (22A1010) granted by Justice Kavanaugh extending the time to file until July 28, 2023.
2023-05-22
Application (22A1010) to extend the time to file a petition for a writ of certiorari from May 29, 2023 to July 28, 2023, submitted to Justice Kavanaugh.

Attorneys

Leroy Tate
Amanda L AltmanFDO for the Eastern District of Missouri, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent