200255 mgtablet519 grams498141 mgtablet1376 gramsThe Probation Department in determining the base offense level cited USSC Pursuant to 2D11 Application Note 11 the typical weight per Unit Tableprep ID: 877138
Download Pdf The PPT/PDF document "Exh NoPill AmountPurity LevelNet Weight" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
1 Exh. No.Pill AmountPurity LevelNet Weigh
Exh. No.Pill AmountPurity LevelNet Weight 20025.5 mg/tablet51.9 grams49814.1 mg/tablet137.6 grams The Probation Department, in determining the base offense level, cited USSC §Pursuant to § 2D1.1 Application Note 11, the typical weight per Unit Table,prepared from information provided by the DEA, displays typical weight perdose, pill, or capsule for certain controlled substances. Pursuant to § 2D1.1Application Note B, in the case of a mixture or substance containingamphetamine, or methamphetamine, use the offense level determined by theentire weight of the mixture or substance, or tthe weight of the amphetamine (actual), or methamphetamine (actual),whichever is greater . (emphasis by Probation Department in PresentenceAs reflected in the exhibits prepared by the laboratory, the total net wei
2 ght of theMDMA was 356.82 grams. For so
ght of theMDMA was 356.82 grams. For some reason, however, the Probation Departmentcalculated the marijuana equivalency of the MDMA by using the average weight of thepills, as set forth in § 2D1.1 Application Note 11: 250 milligrams, rather than the total netweight as determined by the lab. This 162.50 kilograms, as follows: 1300 pills x .250 = 325 grams of MDMA. One gram ofMDMA equates to 500 grams of marijuana equi Defendant argues that the marijuana equivalency should not have been based on 325grams (an average hypothetical weight) nor on 356.82 grams (a net weight which does notreflect the lab's calculations of purity but rather reflects the weight of the pills without theirwrapping or container) but rather on 21.7 grams, which is the actual amount of MDMADefendant's objection is n
3 ot well founded. In determining the bas
ot well founded. In determining the base offense level, thecourt must look to two different Guideline sections. First, the court must determine theamount of the drug at issue. The relevant section for MDMA is USSG § 2D1.1 Application(B) The terms "PCP (actual)", "Amphetamine (actual)", and"Methamphetamine (actual)" refer to the weight of the controlled substance,itself, contained in the mixture or substance. For example, a mixture weighing10 grams containing PCP at 50% purity contains 5 grams of PCP (actual).In the case of a mixture or substance containing PCP, amphetamine, ormethamphetamine, use the offense level determined by the entire weight ofthe mixture or substance, or the offense level determined by the weight of thePCP (actual), amphetamine (actual), or methamphetamine (actual), P
4 ursuant to this guideline section, the a
ursuant to this guideline section, the amount of MDMA at issue in this case is 356.82The court must then determine the marijuana equivalency of the MDMA, which is11.If the number of doses, pills, or capsules but not the weight of thecontrolled substance is known, multiply the number of doses, pills, orcapsules by the typical weight per dose in the table below to estimatethe total weight of the controlled substance (e.g., 100 doses ofMescaline at 500 mg per dose = 50 gms of mescaline). The TypicalWeight Per Unit Table, prepared from information provided by theDrug Enforcement Administration, displays the typical weight perdose, pill, or capsule for certain controlled substances. Do not usethis table if any more reliable estimate of the total weight is availablefrom case-specific information.