In United States v. Chaires, No. 20-4162 (2d Cir. Dec. 7, 2023) (per curiam), the Second Circuit (Carney, Sullivan, and Menashi) remanded for resentencing, on plain error review, where the defendant was sentenced as a career offender based on New York controlled substance predicates. As our dear readers are well-aware, Chaires follows in the footsteps of several important Second Circuit cases holding that state drug crimes are categorically overbroad – and cannot be used to enhance a sentence – because they punish possession of more substances than the federal Controlled Substance Act (CSA). To recap:
- United States v. Townsend, 897 F.3d 66 (2d Cir. 2018). In this leading case, in addition to holding that the categorical approach applies to the controlled-substance-offense determination, the Court ruled that, because N.Y.P.L. 220.31 punishes possession of human chorionic gonadotropin, but the CSA does not, it cannot serve as a predicate for offense-level-enhancement