'Recurring Question of Exceptional Public Importance': 10th Circ.'s Refusal to Rehear Case Draws Dissent

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The full U.S. Court of Appeals for the Tenth Circuit has declined to rehear a case over what constitutes a “controlled substance” for sentencing purposes, but one judge dissented, arguing that the court was passing up an opportunity to settle an issue “with far-reaching implications in our circuit and nationally.”