Published on: Saturday, February 18, 2023
Feds: Hey Second Circuit, could you issue a revised opinion in this drug sentencing case to make non-precedential a December opinion that found the federal controlled substances list was narrower than New York state's? We want you to make clear that the part that could help out future New York criminal defendants was dictum. Second Circuit: Dictum? We hardly know 'em! (Which is more substantive legal analysis than your bad-faith argument deserves.) We said what we said. And what we said is our holding. "The government's request for an amended opinion suggesting that these rulings were not holdings is denied." Bye.
The case is United States v. Gibson, No. 20-3049 (2d Cir. Feb. 18, 2023).