The United States Sentencing Guidelines define a
"controlled substance offense" to include "the offense[] of
conspiring to commit such offenses." The question presented
is whether this provision is limited to only those state and
federal crimes that categorically match the generic definition
of a conspiracy, requiring proof of both an overt act and an
agreement, as two circuits have held, or whether it does not,
as six circuits have held.

Whether the United States Sentencing Guidelines' definition of a 'controlled substance offense' is limited to only those state and federal crimes that categorically match the generic definition of a conspiracy, requiring proof of both an overt act and an agreement, or whether it does not