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James Atwood v. United States

IFP petition · United States Court of Appeals for the Seventh Circuit, No. 20-2794 · judgment April 30, 2021


Certiorari denied · January 10, 2022

Question presented

Does the undefined term “controlled substance” in the federal Sentencing Guidelines mean substances controlled by federal law, the federal Controlled Substances Act (CSA)—or, does the term also refer to the myriad definitions found in each state law, such that prior convictions from states with drug schedules broader than the federal CSA qualify as predicate “controlled substance offenses” for purposes of the career-offender enhancement? The same question is currently pending before this Court in Ward v. United States, No. 20-7327.

Counsel of record

For petitioner
Michelle L. Jacobs
Biskupic & Jacobs SC

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 4 conferences

Proceedings

  1. Jan 10 2022
    Petition DENIED.
  2. Jan 03 2022
    DISTRIBUTED for Conference of 1/7/2022.
  3. Dec 06 2021
    DISTRIBUTED for Conference of 12/10/2021.
  4. Dec 06 2021
    Rescheduled.
  5. Nov 29 2021
    Rescheduled.
  6. Nov 17 2021
    DISTRIBUTED for Conference of 12/3/2021.
  7. Sep 02 2021
    Rescheduled.
  8. Aug 19 2021
    DISTRIBUTED for Conference of 9/27/2021.
  9. Aug 12 2021
    Reply of petitioner James Atwood filed.
  10. Aug 05 2021
    Brief of respondent United States in opposition filed.
  11. Jul 01 2021
    Motion to extend the time to file a response is granted and the time is extended to and including August 5, 2021.
  12. Jun 30 2021
    Motion to extend the time to file a response from July 6, 2021 to August 5, 2021, submitted to The Clerk.
  13. May 27 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 6, 2021)