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First Circuit: ‘Controlled Substances Offense’ Under § 2K2.1(a)(2) of USSG Refers to Time of Sentencing, Not Time of Prior Conviction

by Anthony W. Accurso

The U.S. Court of Appeals for the First Circuit held that the term “controlled substance offense” in § 2K2.1(a)(2) of the U.S. Sentencing Guidelines (“USSG”) refers to substances that are controlled at the time of the defendant’s sentencing, not at the time of their prior conviction. ...

 

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