SALINAS v. UNITED STATES

547US1 Unit: $U45 [03-16-09 20:32:14] PAGES PGT: OPIN
188 OCTOBER TERM, 2005
Per Curiam
SALINAS v. UNITED STATES
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 Man
ual § 4B1.1(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 peti
tioner 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 convic
tion for simple possession of a controlled substance consti
tuted 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 “con
trolled substance offense” is defined in pertinent part, how
ever, as “an offense under federal or state law . . . that
prohibits . . . the possession of a controlled substance (or
a counterfeit substance) with intent to manufacture, im
port, 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.