No. 23-5623
Patrick Medearis v. United States
Response WaivedIFP
Tags: 21-usc-846 conspiracy controlled-substance-offense crime-of-violence federal-criminal-law overt-act sentence-enhancement sentencing-guidelines ussg-4b1.2
Key Terms:
SocialSecurity Securities Immigration
SocialSecurity Securities Immigration
Latest Conference:
2023-10-27
Question Presented (from Petition)
I. Does conspiracy to distribute a controlled substance in violation of 21 U.S.C. § 846 qualify as a "controlled substance offense" under USSG § 4B1.2(b) even though inchoate offenses are not expressly included in the text of the guideline and § 846 does not require an overt act?
II. Does assaulting, resisting, or impeding a federal officer with a deadly or dangerous weapon or by inflicting bodily injury in violation of 18 U.S.C. § 111(b) qualify as a "crime of violence" under USSG § 4B1.2(a)?
Question Presented (AI Summary)
Does conspiracy to distribute a controlled substance qualify as a 'controlled substance offense' under the Sentencing Guidelines?
Docket Entries
2023-10-30
Petition DENIED.
2023-10-05
DISTRIBUTED for Conference of 10/27/2023.
2023-09-27
Waiver of right of respondent United States to respond filed.
2023-09-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 23, 2023)
Attorneys
Patrick Medearis
Molly C. Quinn — Office of the Federal Public Defender, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent