United States v. Marshall

OPINION

RICHARD MILLS, District Judge:

Here, the Court must determine whether the blotter paper upon which chemical LSD is sprayed is to be included in calculating the drug’s weight.

If so, then the amount far exceeds the ten grams required to kick in the enhanced sentencing provision, whereas if not, no enhanced sentencing provision applies.

The only real issue presented to the Court by this stipulated bench trial is whether Defendant distributed sufficient lysergic acid diethylamide (LSD) to fall within the enhanced sentencing provision of 21 U.S.C. § 841(b)(l)(B)(v), which calls for a minimum…