In 2018, the U.S. Court of Appeals for the D.C. Circuit’s decision in United States v. Winstead created a circuit split when determining whether an inchoate offense can be considered a “controlled substance offense” under § 4B1.2 of the United States Sentencing Guidelines (USSG). An inchoate offense is a type of crime completed by taking a punishable step towards the commission of the target offense. Common inchoate offenses are attempt, solicitation, and conspiracy.

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