· 11/1/2018
JUSTIN CHISM v. MATTHEW SEACRIST
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the Illinois definition of cocaine, which includes positional isomers, rendered its controlled substances law overbroad compared to the CSA
- holding that a “cocaine conviction under Illinois law is a controlled substance offense according to the career-offender guideline”
- holding that a 2006 conviction for possession with intent to distribute cocaine under 720 Ill. Comp. Stat. 570/401(c)(2) is not a predicate offense under 21 U.S.C. § 841(b)(1)(C) because Illinois’s definition of cocaine is categorically broader than the federal one
- holding a conviction under 720 ILCS 570/401(c)(2) does not qualify as a predicate “felony drug offense” for § 851 enhancement purposes
- noting that a guide- line range will anchor a court’s discretion in choosing a 8 No. 21-1824 sentence, and that in most cases the guideline range will affect the sentence
- noting that “the career-offender guideline, and its definition of controlled substance offense, does not incorporate, cross-reference, or in any way refer to the Controlled Substances Act” and its accompanying drug schedules
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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