107 Iowa L. Rev. 1745 (2022)

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Abstract

With the United States reaching historically high rates of mass incarceration, there is an increasing number of calls to change the systems that perpetuate this crisis. Currently, the issue of whether inchoate offenses can provide a basis for enhanced sentencing under the Career Offender Guideline is at the forefront of this debate. The United States Courts of Appeals have split on whether convictions for inchoate offenses can be included in the definition of a controlled substance offense. This Note argues that including inchoate offenses in the definition of controlled substance offense exceeds the plain language of the delegation statute and congressional intent in delegating authority to the Sentencing Commission to promulgate the Career Offender Guideline.