Whether a federal trial judge may take into account the fact that the current Sentencing Guidelines for crack cocaine have proven unsound and been rejected by the Sentencing Commission itself when sentencing a crack offender. DECIDED

Whether the Attorney General can create a category of "particularly serious crimes" beyond what Congress has designated as "aggravated felonies" and then deny asylum and witholding of removal to a refugee on the basis of such crimes and, if so, whether the decision to remove someone from the country based on a "particularly serious crime" without any regard for individual mitigating circumstances is subject to judicial review? CASE DISMISSED

Whether a state can permit an inmate to raise constitutional claims in state post-conviction proceedings that would be barred in federal habeas proceedings. DECIDED