United States v. Ochoa-Heredia

MEMORANDUM SENTENCING OPINION

BENNETT, Chief Judge.

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In the course of interpreting certain language in 38 U.S.C. § 445, Justice William 0. Douglas observed, “[Common sense often makes good law.” Peak v. United States, 353 U.S. 43, 46, 77 S.Ct. 613, 1 L.Ed.2d 631 (1957). This court believes that common sense also makes good law in the interpretation of 21 U.S.C. § 841, where a defendant’s mandatory minimum sentence for possession of methamphetamine with intent to distribute it under § 841 depends upon whether the court “counts” the weight of over 3,000 grams of a toxic…