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Charleston Pierre Wiggins v. United States

IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 20-10307 · judgment January 13, 2021


Certiorari denied · October 4, 2021

Question presented

I Whether an offense-matching categorical approach applies to the determination of a “controlled substance offense” under the USSG § 4B1.2(b)? II Whether courts may defer to Sentencing Guideline commentary which strays from the unambiguous text of the Guideline to conclude that “distribution” of drugs includes attempted distribution of drugs. [NOTE: ISSUE II is currently pending review in Tabb v. United States, Case No. 20-579. Petitioner adopts and incorporates the arguments raised in Tabb, but presents a somewhat abbreviated argument for the convenience of the Court.] PARTIES INVOLVED All parties appear in the caption of the case on the cover page.

Counsel of record

For petitioner
Richard Michael Summa
Federal Public Defender, Northern District of Florida

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jul 29 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jul 14 2021
    Memorandum of respondent United States of America filed.
  4. Jun 09 2021
    Motion to extend the time to file a response is granted and the time is extended to and including July 14, 2021.
  5. Jun 08 2021
    Motion to extend the time to file a response from June 14, 2021 to July 14, 2021, submitted to The Clerk.
  6. May 03 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 14, 2021)