Fourth Circuit -- US v. Jason Simmons

US v. Jason Simmons

When assessing priors (here for sentencing under the Controlled Substances Act), the prior sentence must be considered absent any aggravating factor enhancements not applied by the sentencing court, nor is it legit for the second court to consider hypothetical aggravating factors.

Dissent one (short) - plain language - statute says "punishable by"

Dissent two - When Scotus remanded 'in light of' a certain decision, that's not a positive command - in that the (now-controlling) decision was immigration, not crim and had a differently structured statute,it's not a slam dunk.