Defendants who have two prior felony convictions for "controlled substance offense[s]" qualify as career offenders under the federal Sentencing Guidelines. In the First, Second, Fifth, and Ninth Circuits, a conviction counts as a "controlled substance offense" only if the conduct involved a substance listed in the federal Controlled Substances Act.

Is the Seventh Circuit on the wrong side of a circuit split when it construes the term "controlled substance offense" under § 4B1.2(b) of the Sentencing Guidelines to include state convictions, even when those convictions involve substances that are not outlawed by federal law?

Is the Seventh Circuit on the wrong side of a circuit split when it construes the term 'controlled substance offense' under § 4B1.2(b) of the Sentencing Guidelines to include state convictions, even when those convictions involve substances that are not outlawed by federal law?