United States Second Circuit

Sentencing of defendant on multiple charges of possession with intent to distribute a mixture of 3, 4-Methylenedioxymethamphetamine (MDMA) is vacated where there is insufficient evidence in the record to conclude, pursuant to USSG section 2D1.1, that the appropriate substitute for the mixture contained in the pills found in defendants’ possession is MDMA.

Appellate Information

• Decided 05/26/2011
• Published 05/26/2011

Judges

• JOSÉ A. CABRANES

Court

• United States Second Circuit

Counsel