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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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