New opinion, or rather newly precedential

US v. Glass — criminal — affirmance — Vanaskie

The Third Circuit this afternoon granted the government’s motion to publish an opinion in a case it previously had decided by non-precedential opinion. Such motions seem to rarely filed except by the government in criminal cases, which I see as unfortunate and a disservice to the court.

Anyhow, the case involved a defendant’s challenge to being sentenced as a Sentencing Guidelines career offender. The court rejected his argument that Pennsylvania’s PWID statute criminalized offers and thus didn’t qualify as predicate controlled substance offenses.

Joining with Vanaskie were Krause and Restrepo. The case was decided without oral argument.