Brief filed: 03/31/2016
Documents
United States v. Lababneh
2nd Circuit Court of Appeals; Case No. 15-2070-cr
Prior Decision
On Appeal from the United States District Court for the Northern District of New York, docket no. 1:14-CR-189-1 (MAD).
Argument(s)
Sentencing for synthetic marijuana offenses presents new and growing policy challenges. The scientific basis for the government's proposed 1:167 conversion ratio is highly questionable. The 1:167 ratio lacked scientific basis when promulgated and it does not conform with current experience. Whether XLR-11 is most similar to THC remains questionable. The government's proposed 1:167 ratio has not received adequate judicial scrutiny. Applying the 1:167 ratio risks significant inequities.
Author(s)
Boris Bershteyn, Luke T. Taeschler, and Deepa Vanamali, Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY; Richard D. Willstatter, Green & Willstatter, White Plains, NY.
