No. 23-6454
Darwin Dwayne Hutchins v. United States
Tags: career-offender cocaine-definition controlled-substance federal-vs-state-law non-violent-drug-crimes sentence-length sentencing-discretion sentencing-guidelines state-federal-definition
Latest Conference:
2024-02-16
Question Presented (from Petition)
1. Did the district court err when it counted Hutchins's
Ohio cocaine conviction as a controlled substance
offense to make him a career offender under the
Sentencing Guidelines when Ohio's definition of
cocaine covers more substances than the federal
definition of cocaine?
2. Was Hutchins's 327-month sentence "greater than
necessary" when it was at the top of the career
offender guideline sentence range and his current and
predicate convictions were for minor non-violent drug
crimes?
Question Presented (AI Summary)
Did the district court err in counting Hutchins's Ohio cocaine conviction as a controlled substance offense for career offender under the Sentencing Guidelines?
Docket Entries
2024-02-20
Petition DENIED.
2024-01-18
DISTRIBUTED for Conference of 2/16/2024.
2024-01-16
Waiver of right of respondent United States to respond filed.
2024-01-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 9, 2024)
Attorneys
Darwin Dwayne Hutchins
Kenneth Tableman — Kenneth P. Tableman, P.C., Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent