Legal Opinion
United States v. Elmer Arias Acosta
Court of Appeals for the Second Circuit
Decided May 13, 1992No. 780, Docket 91-1527PublishedCited by 43 opinions
1Opinion of the Court
McLAUGHLIN, Circuit Judge:
Both Congress and the Sentencing Commission have made clear that, to penalize drug traffickers, their sentences should be based on the entire weight of mixtures containing a detectable amount of a controlled substance. See 21 U.S.C. § 841; U.S.S.G. § 2D1.1(c) note *. Accordingly, the Supreme Court has recently held that, for sentencing purposes, the weight of LSD includes the weight of its carrier medium—in that case, blotter paper. Chapman v. United States, — U.S. —, 111 S.Ct. 1919, 1922, 114 L.Ed.2d 524 (1991). Here, defendant’s base offense level was calculated…
2Cases cited15 opinions
- Chapman v. United StatesSupreme Court of the United States · 1991
- Jim Skinner Ford, Inc. v. WarrenSupreme Court of the United States · 1989
- United States v. Gerald John BerminghamCourt of Appeals for the Second Circuit · 1988
- United States v. Carl Jennings and John SteppCourt of Appeals for the Sixth Circuit · 1991
- United States v. Derrick RichardsonCourt of Appeals for the Second Circuit · 1991
10 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- United States v. Patrick InnieCourt of Appeals for the Ninth Circuit · 1993
- United States v. Dale Roy CombsCourt of Appeals for the Ninth Circuit · 2004
- United States v. William D. KillionCourt of Appeals for the Tenth Circuit · 1993
- UNITED STATES of America, Plaintiff-Appellee, v. Roderic E. SPRAGUE, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1998
- United States v. SherrodCourt of Appeals for the Fifth Circuit · 1992
38 more not listed; retrieve them via the Exa API.