ILNews

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

Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

ADVERTISEMENT