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Salinas v. United

U.S.
Apr 24, 2006
547 U.S. 188 (2006)
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Summary

holding that simple possession is not a "controlled substance offense" under § 4B1.2

Summary of this case from United States v. Bell
See 12 Summaries

Opinion

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT.

No. 05-8400.

Decided April 24, 2006.

The Fifth Circuit erred in treating petitioner's prior conviction for simple possession of a controlled substance as a "controlled substance offense" for purposes of United States Sentencing Commission, Guidelines Manual § 4Bl.1(a).

Certiorari granted; 142 Fed. Appx. 830, vacated and remanded.

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 § 4B1.1(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." § 4B1.2(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.

Summaries of

Salinas v. United

U.S.
Apr 24, 2006
547 U.S. 188 (2006)

holding that simple possession is not a "controlled substance offense" under § 4B1.2

Summary of this case from United States v. Bell

holding that the defendant's prior drug conviction for simple possession did not constitute a "controlled substance offense" because the plain language of § 4B1.2(b) requires that the prior conviction involve possession with intent to distribute

Summary of this case from U.S. v. Shannon

holding that possession without manufacture, purchase, or sale of a controlled substance is not a controlled substance offense within the meaning of the career offender sentencing guidelines

Summary of this case from U.S. v. Posey

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

Summary of this case from U.S. v. Aguilar-Ortiz

concluding that simple possession did not qualify as a "controlled substance offense" under § 4B1.2(b)

Summary of this case from United States v. Luviano

reversing the Fifth Circuit for "err[ing] in treating petitioner's conviction for simple possession as a 'controlled substance offense'"

Summary of this case from United States v. Glass

interpreting "controlled substance offense" under U.S.S.G. § 4B1.1

Summary of this case from Edwards v. Warden, FCC Coleman-Medium

In Salinas, a two paragraph opinion, the Supreme Court merely determined that the Fifth Circuit erred in treating the petitioner's “conviction for simple possession as a ‘controlled substance offense'” under section 4B1.1(a)

Summary of this case from Moore v. United States

In Salinas, the Supreme Court found that the Court of Appeals for the Fifth Circuit had erred in treating a conviction for simple possession of a controlled substance as a qualifying crime under the sentencing guidelines. The Court found that the guidelines were clear in defining a "controlled substance offense" as applying only to an offense prohibiting the possession of a controlled substance with intent to manufacture, import, export, distribute or dispense.

Summary of this case from Sullivan v. United States

In Salinas, a single page, per curiam opinion, the Court reiterated that the definition of a "controlled substance offense" in § 4B1.2 of the guidelines does not include simple possession without some intent to manufacture, import, export, distribute or dispense.

Summary of this case from United States v. Hicks

In Salinas, the Supreme Court concluded the Fifth Circuit erred when they treated the defendant's prior conviction for simple possession of a controlled substance as a "controlled substance offense" within the meaning of the career offender Sentencing Guidelines because § 4B1.2(b) requires the possession must include the intent to manufacture, import, export, distribute, or dispense.

Summary of this case from Lawson v. U.S.

In Salinas, the Court held that a conviction for simple possession is not a "controlled substance offense," and therefore may not be used to enhance a defendant's sentence under the career offender provision of the Sentencing Guidelines.

Summary of this case from Williams v. U.S. Respondent
Case details for

Salinas v. United

Case Details

Full title:SALINAS v. UNITED STATES

Court:U.S.

Date published: Apr 24, 2006

Citations

547 U.S. 188 (2006)
126 S. Ct. 1675
164 L. Ed. 2d 364

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