No. 25-5913

Rashun Rafael Suncar v. United States

Lower Court: Fourth Circuit
Docketed: 2025-10-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-court-judgment circuit-split controlled-substances drug-statute federal-interpretation state-law-interpretation
Latest Conference: 2025-11-21
Question Presented (from Petition)

1a. Whether a court of appeals may disregard an unpublished but considered judgment of Pennsylvania's intermediate appellate court interpreting its own statute, when it is the only state decision on the question, merely because it believed federal courts had the better interpretation.

1b. Alternatively, Petitioner asks this Court to hold this case and certify the question of state law —whether § 780-113(a)(30) criminalizes offers to sell controlled substances —to Pennsylvania's Supreme Court.

2. Whether the canon against surplusage requires courts to interpret an "attempted transfer" of drugs as having no conduct in common with an "attempted distribution" of drugs.

3. Whether undefined terms in U.S.S.G. § 4B1.2(b) take their ordinary meaning or their statutory meaning, as in the federal Controlled Substances Act.

Question Presented (AI Summary)

Whether a court of appeals may disregard an unpublished but considered judgment of Pennsylvania's intermediate appellate court interpreting its own statute when it is the only state decision on the question merely because it believed federal courts had the better interpretation

Docket Entries

2025-11-24
Petition DENIED.
2025-11-06
DISTRIBUTED for Conference of 11/21/2025.
2025-10-30
Waiver of United States of right to respond submitted.
2025-10-30
Waiver of right of respondent United States to respond filed.
2025-10-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 19, 2025)
2025-10-01
Application (25A371) granted by The Chief Justice extending the time to file until October 14, 2025.
2025-09-18
Application (25A371) to extend the time to file a petition for a writ of certiorari from September 30, 2025 to October 14, 2025, submitted to The Chief Justice.

Attorneys

Rashun Suncar
Jenny ThomaFederal Public Defender Office, NDWV, Petitioner
United States
D. John SauerSolicitor General, Respondent