Rashun Rafael Suncar v. United States

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 Whether a court of appeals may disregard an unpublished but considered judgment of Pennsylvania’s intermediate appellate court interpreting its own statute, when it is the only state decision on the question, merely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.

1. 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.

2. 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.