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Look-alike offense counts as controlled-substance offense in sentencing

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A previous conviction for a “look-alike” offense constitutes a controlled-substance offense for sentencing purposes, the 7th Circuit Court of Appeals ruled for the first time Tuesday.

Irvin Hudson challenged the District Court’s decision that Hudson’s previous conviction of dealing in a substance represented to be a controlled substance – a “look-alike” drug offense – qualified as a controlled-substance offense for calculating his sentence following his guilty plea to possession of a firearm as a felon and possession of a stolen firearm. By having a previous conviction for a controlled-substance offense, Hudson’s sentencing guideline would increase from a base level 14 to a base level 20.

Although the federal guideline sections don’t define the term “counterfeit substance,” there’s no reason why the guidelines must be restricted to a particular state’s concept of what is meant by that term, wrote Judge Diane Wood in United States of America v. Irvin S. Hudson, No. 09-3518. Other Circuit Courts have relied on dictionary definitions of “counterfeit” to find look-alike offenses qualify as a controlled-substance offense under the guidelines.

“Using an independent federal definition of the term thus supports the conclusion that Hudson was convicted of a controlled-substance offense for dealing counterfeit marijuana,” she wrote. "Counsel for Hudson presented a responsible argument, which has convinced some judges that look-alike offenses are not controlled-substance offenses. His position may be worth the attention of the Sentencing Commission or other courts. But, in the end, we are not persuaded.”

Judge Wood noted that at least four sister Circuits have adopted the government’s interpretation of the sentencing guidelines and classified look-alike offenses as controlled-substance offenses. The government also has a point when it argued that it would be nonsensical to punish the selling of controlled substances and mislabeled prescription drugs but not the selling of look-alikes, she noted.

“Given the natural meaning of ‘counterfeit’ and the overall purpose of the guidelines provisions, we decline to adopt Hudson’s narrow definition of ‘counterfeit offense’ as applied to U.S.S.G. § 2K2.1,” wrote Judge Wood.
 

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  1. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  2. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  3. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

  4. Sounds like overkill to me, too. Do the feds not have enough "real" crime to keep them busy?

  5. We live in the world that has become wider in sense of business and competition. Everything went into the Web in addition to the existing physical global challenges in business. I heard that one of the latest innovations is moving to VDR - cloud-based security-protected repositories. Of course virtual data rooms comparison is required if you want to pick up the best one.

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