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Legal Opinion

United States v. Townsend

Court of Appeals for the Second Circuit

Decided July 23, 2018No. 17-757-cr; August Term 2017PublishedCited by 44 opinions

1Opinion of the Court

Lawrence J. Vilardo, District Judge:

For purposes of *68 United States Sentencing Guidelines ("U.S.S.G." or "Guidelines") § 4B1.2(b), "[t]he term 'controlled substance offense' means an offense under federal or state law ... that prohibits ... distribution ... of a controlled substance ." (emphasis added).

This case presents the question of how to define "controlled substance" in § 4B1.2(b) : Does that term include only substances controlled by federal law under the Controlled Substances Act ("CSA")? Or does it also include substances regulated by state law but not by federal law?

Because we find…

2Cases cited17 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Mathis v. United StatesSupreme Court of the United States · 2016
  3. Descamps v. United StatesSupreme Court of the United States · 2013
  4. Moncrieffe v. HolderSupreme Court of the United States · 2013
  5. United States v. CaveraCourt of Appeals for the Second Circuit · 2008

12 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. United States v. Nathaniel RuthCourt of Appeals for the Seventh Circuit · 2020
  2. Dwight Bullard v. United StatesCourt of Appeals for the Sixth Circuit · 2019
  3. United States v. Andre Michael DuboisCourt of Appeals for the Eleventh Circuit · 2024
  4. United States v. Timothy WardCourt of Appeals for the Fourth Circuit · 2020
  5. United States v. Isaac BautistaCourt of Appeals for the Ninth Circuit · 2021

39 more not listed; retrieve them via the Exa API.

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