United States v. David, No. 11-741 (2d Cir. 2012)Annotate this Case
Defendant appealed from a judgment of the district court sentencing him principally to a term of imprisonment of 228 months for committing drug offenses. At issue was whether the district court correctly determined, for the purpose of applying U.S.S.G. 2D1.1., the most closely analogous substance listed in the Drug Quantity Table of that Guideline to the controlled substance seized from defendant at the time of his arrest. Because the district court did not have the benefit of the court's opinions in United States v. Chowdhury and United States v. Figueroa, which were issued while this appeal was pending and which governed this case, the court remanded for resentencing.