United States v. Figueroa, No. 10-2050 (2d Cir. 2011)
Annotate this CaseDefendants appealed from May 17, 2010 judgments of conviction entered by the district court for possession with intent to distribute a mixture of 3, 4-Methylenedioxymethamphetamine ("MDMA"), methamphetamine, and N-Benzylpiperazine ("BZP"), all Schedule I controlled substances, in violation of 21 U.S.C. 841(a)(1),(b)(1)(C) and 21 U.S.C. 846. At issue was whether the district court engaged in clearly erroneous fact-finding that led to a procedurally unreasonable sentence when it determined that the controlled substance referenced in the United States Sentencing Guidelines, U.S.S.G. 2D1.1, that was mostly related to the mixture found in defendants' possession, was MDMA or "ecstasy." The court held that there was insufficient evidence in the record to conclude that the appropriate substitute for the mixture contained in the pills found in defendants' possession was MDMA and therefore, remanded the case to the district court with instructions to conduct an evidentiary hearing to determine the composition of the pills for the purposes of U.S.S.G. 2D1.1.
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