Salinas v. United States
Opinion
Per Curiam.
The petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit and the motion of petitioner for leave to proceed in forma pauperis are granted. The judgment is vacated, and the case is remanded to the Fifth Circuit for further consideration.
The Fifth Circuit concluded that petitioner’s prior conviction for simple possession of a controlled substance constituted a “controlled substance offense” for purposes of United States Sentencing Commission, Guidelines Manual §4Bl.l(a) (Nov. 2003). 142 Fed. Appx. 830 (2005). The term “controlled substance offense” is defined in pertinent part, however, as “an offense under federal or state law . . . that prohibits . . . the possession of a controlled substance (or a counterfeit substance)
with intent to manufacture, import, export, distribute, or dispense”
§4B 1.2(b) (emphasis added). Accordingly, the Fifth Circuit erred in treating petitioner’s conviction for simple possession as a “controlled substance offense.” The Solicitor General acknowledges that the Fifth Circuit incorrectly ruled for the United States on this ground. Brief in Opposition 8-9.
How later courts describe this case
Explanatory parentheticals written by citing courts — 6 in all; the most informative distinct ones are shown.
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(holding that Fifth Circuit erred in treating defendant’s prior conviction for simple possession of a controlled substance as a “controlled substance offense” within meaning of career offender Sentencing Guideline)
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(concluding that simple possession did not qualify as a “controlled substance offense” under § 4B1.2(b))
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(requiring remand where the resolution of a matter not decided in the first instance by the agency “requires determining the facts and deciding whether the facts as found fall within a statutory term”)
Cited by 24 cases
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