United States v. Lababneh

Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Defendant-Appellant and Remand.

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.

Coronavirus Resources

NACDL to Focus on Service and Support for Members, Clients, and Community Throughout Virus Emergency

Learn More

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.