Marvas Aurelien v. United States
AdministrativeLaw SocialSecurity Securities Immigration
I. Whether the "controlled substance" definition in United States Sentencing Guideline § 4B1.2(b) incorporates the federal drug schedules in effect at the time of the federal firearm offense or federal sentencing (as the First, Second, and Ninth Circuits have held), or the federal drug schedules in effect at the time of the prior state drug offense (as the Third, Sixth, and Eighth Circuits have held).
II. Whether the "controlled substance" definition in § 4B1.2(b) refers exclusively to substances controlled by the federal government (as the Second and Ninth Circuits have held), or also to substances controlled by the pertinent state government (as the Third, Fourth, Seventh, Eighth, and Tenth Circuits have held).
Whether the 'controlled substance' definition in United States Sentencing Guideline § 4B1.2(b) incorporates the federal drug schedules in effect at the time of the federal firearm offense or federal sentencing or the federal drug schedules in effect at the time of the prior state drug offense