United States v. Hudson

WOOD, Circuit Judge.

This case raises a surprisingly complicated question: under the Sentencing Guidelines, are crimes involving phony versions of illegal drugs properly characterized as “controlled-substance offenses”? Irvin Hudson pleaded guilty to possession of a firearm as a felon and possession of a stolen firearm. Hudson’s recommended sentence under the guidelines depends on the nature of his previous offense: if his earlier conviction amounted to a “controlled-substance offense,” then the guidelines would recommend a longer sentence. Before he was caught with the gun, Hudson had been…