United States Second Circuit

In a prosecution that resulted in a conviction for conspiring to possess and possessing with intent to distribute a controlled substance, and of conspiring to import and importing a controlled substance, the case is remanded for resentencing so that the district court can reevaluate the various considerations identified by the United States Sentencing Guidelines, including, as appropriate, the nature, chemical structure, and intended neurological effects of the substance contained in the pills at issue, and to thereby determine the most closely related substance referenced in the Guidelines and the appropriate marijuana equivalency of the mixture.

Appellate Information

• Decided 05/17/2012
• Published 05/17/2012

Judges

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Harry Sandick, Paul D. Silver