Circuit Split: The Aftermath of Winstead in Determining Whether Inchoate Offenses Should Be Considered “Controlled Substance Offenses” Under the U.S. Sentencing Guidelines

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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