United States Second Circuit

Judgment sentencing defendant to thirty months' imprisonment after he pleaded guilty to conspiracy to distribute and to possess with intent to distribute 100 or more kilograms of marijuana is affirmed, where: 1) contrary to defendant's assertions, the U.S. Department of Justice has not created a de facto "rescheduling" of marijuana under the Controlled Substances Act (CSA), nor has Congress amended the statute; 2) marijuana remains classified as a Schedule I substance; and 3) a U.S. Attorney's decision to exercise prosecutorial discretion by not prosecuting uses of marijuana consistent with state law, in the circumstances presented here, does not conflict with the principles of federalism, preemption, or the supremacy of federal law.

Appellate Information

• Decided 12/04/2013
• Published 12/04/2013

Judges

• CABRANES

Court

• United States Second Circuit

Counsel