Naajeh Sayyid Torres v. United States

Under the U.S. Sentencing Guidelines §4B1.1 (Career Offender), a defendant receives an enhanced sentencing range if he “has at least two prior felony convictions of either a crime of violence or a controlled substance offense.” The Guidelines define “controlled substance offense” as “an offense under federal or state law … that—(1) prohibits the manufacture, import, export, distribution, or dispensing of a controlled substance (or a counterfeit substance) or the possession of a controlled substance (or a counterfeit substance) with intent to manufacture, import, export, distribute, or dispense.” U.S.S.G. §4B1.2(b) (emphasis added). The Guidelines, however, do not define “controlled substance.” When a federal defendant is subject to this Sentencing Guidelines enhancement, does the term “controlled substance” refer to substances controlled under federal law, or does it also include substances controlled only under state law?