Richard Henry Kayian v. United States

jJL whether a prior state conviction for simple possession ot 1.5 grams of cocaine - punished with probation only - qualities as a "serious drug felony" predicate under 21 U.S.C. §351.. in light of the First Step Act's exclusion of minor offenses from enhancement eligibility and Florida's statutory reforms deeming such conduct non-felonious. Cf. United States v, Taylor, 142 S, Ct. 2015 (2022)(vacating career-offender status for attempted possession).

1. Whether., under Apprendi v. New Jersey, 530 U.S-. 466 (2000), United States v< Booker, .543 U.S. 220 (2005). Alleyne v„ United States, 570 U.S. 99 (2013), Woods v. United States, 590 U.S., 54.5 (2020), and Frlinger v. United States., 344 S. Ct., 993 (2024), the Fifth .and Sixth Amendments permit sentencing based on judicially found drug purity and Quantity There, 5kg of "ice" methamphetamine at 100.5% purity per unreliable, lab report.) exceeding the jury's 500-gram mixture verdict, effectively mandating a sentence 4x the. advisory range.

2. Whether a Guidelines offense level of 44 - driven by uncharged judicial findings on drug type, purity, role and money laundering never submitted to the jury — yields a substantively unreasonable sentence under Booser, where the statutory maximum absent enhancements were 20 years; and if that sentence is constitutionally valid.