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Alante Martel Nelson v. United States

IFP petition · United States Court of Appeals for the Fourth Circuit, No. 22-4658 · judgment August 15, 2025


Certiorari denied · June 15, 2026

Questions presented

  1. To determine a controlled substance offense under USSG § 4B1.2(b) using the categorical approach, do courts compare the elements of the prior conviction to substances that were controlled on the date of the prior conviction, or to the substances controlled on the date of federal sentencing?

  2. Does the undefined term “controlled substance” in USSG § 4B1.2(b) take its ordinary meaning, or the statutory definition in the Controlled Substances Act, 21 U.S.C. § 802(6)?

  3. Does the undefined term “distribution” in USSG § 4B1.2(b) take its ordinary meaning, or the statutory definition in the Controlled Substances Act, 21 U.S.C. §§ 802(8), 802(11)?

Counsel of record

For petitioner
Jenny Thoma
Federal Public Defender Office, NDWV

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 2 conferences

Linked docket
25A660

Proceedings

  1. Jun 15 2026
    Petition DENIED.
  2. May 27 2026
    DISTRIBUTED for Conference of 6/11/2026.
  3. May 04 2026
    Reply of petitioner Alante Martel Nelson filed.
  4. Apr 16 2026
    Brief of respondent United States in opposition filed.
  5. Mar 17 2026
    Motion to extend the time to file a response is granted and the time is extended to and including April 20, 2026.
  6. Mar 13 2026
    Motion to extend the time to file a response from March 19, 2026 to April 20, 2026, submitted to The Clerk.
  7. Feb 17 2026
    Response Requested. (Due March 19, 2026)
  8. Feb 05 2026
    DISTRIBUTED for Conference of 2/20/2026.
  9. Feb 02 2026
    Supplemental brief of petitioner Alante Nelson filed. (Distributed)
  10. Jan 27 2026
    Waiver of right of respondent United States to respond filed.
  11. Jan 13 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 19, 2026)
  12. Dec 05 2025
    Application (25A660) granted by The Chief Justice extending the time to file until January 13, 2026.
  13. Nov 25 2025
    Application (25A660) to extend the time to file a petition for a writ of certiorari from December 14, 2025 to January 13, 2026, submitted to The Chief Justice.