Akeem Asad v. United States

Defendants who have two prior felony convictions for “controlled substance offense[s]” qualify as career offenders under the federal Sentencing Guidelines. In the First, Second, Fifth, and Ninth Circuits, a conviction counts as a “controlled substance offense” only if the conduct involved a substance listed in the federal Controlled Substances Act. In the Third, Fourth, Sixth, Seventh, Eighth, Tenth, and Eleventh Circuits, a conviction counts as a “controlled substance offense” even if it involves a state-controlled substance that is legal under federal law. The questions presented are: I. Is the Seventh Circuit on the wrong side of a circuit split when it construes the term “controlled substance offense” under § 4B1.2(b) of the Sentencing Guidelines to include state convictions, even when those convictions involve substances that are not outlawed by federal law? II. To the extent that Braxton v. United States, 500 U.S. 344, 348 (1991), describes a general rule of abstention from granting certiorari to interpret the Sentencing Guidelines, should Braxton be overruled?