United States v. David’s Empirical Analysis
681 F.3d 45 · 2012
Citation profile
1 federal appellate ·
Relationships
Applies 18 U.S.C. § 3553 · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act) · 21 U.S.C. § 963 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Gall v. United States · Massaro v. United States · United States v. Cavera · Sims v. Blot · United States v. Carter
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“After David was sentenced, we issued two opinions that control the outcome in this case. In United States v. Chowdhury, we held that the district court had not clearly erred in determining that a controlled substance composed of BZP and TFMPP, which is “ ‘sold as MDMA, promoted as an alternative to MDMA and is targeted to the youth population,’ ” should be considered most closely related to MDMA for the purpose of U.S.S.G. § 2D1.1. 639 F.3d 583, 587 (2d Cir.2011). We also determined that, although there was a discrepancy between the controlled substance in connection with which Chowdhury was convicted (BZP alone) and the actual chemical composition of the pills (BZP plus TFMPP), the district court was not required to overlook the presence of TFMPP in its sentencing analysis. Id. Three months later, in United States v. Figueroa, we held that the district court had erred when it determined that the most closely related substance to BZP alone was MDMA. 2 647 F.3d 466 (2d Cir.2011). We determined that, “unlike in Chowdhwry, the record on appeal does not allow us to conclude that the pills found in defendants’ van were a mixture of BZP and TFMPP containing a similar chemical structure to MDMA, designed to mimic the effects of MDMA, or containing a similar potency to MDMA.” Id. at 470. We therefore held that “the District Court’s reliance on the fact that BZP and MDMA are ‘interchangeable’ on ‘the street’ is insufficient to justify the conclusion that MDMA is the appropriate substi”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.