United States v. Stanford

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Stanford, then an attorney, was charged under 21 U.S.C. 841, 846(b)(1)(c), 813, 802(32)(A) with conspiracy to distribute a controlled substance analogue (CSA); conspiracy to introduce and cause to be introduced misbranded drugs into interstate commerce; and conspiracy to engage in money laundering. The product, "Mr. Miyagi," a synthetic cannabinoid, contained a Schedule I CSA, “AM– 2201,” The court concluded that Count One did not require an instruction that the jury must find that Stanford knew AM-2201 was a CSA but permitted Stanford to present evidence on the issue. A jury convicted Stanford on all counts, concluding, in a special interrogatory, that Stanford knew that AM-2201 was a CSA. The court sentenced Stanford to 121 months’ imprisonment. After the Supreme Court’s “McFadden” ruling, that a defendant had knowledge that a CSA was a CSA, the Fifth Circuit remanded as to Count One only. The district court resentenced Stanford on the remaining convictions, again to 121 months’ imprisonment. The Fifth Circuit affirmed, upholding the denial of Stanford’s request for in camera review of co-conspirator witness reports and requests for reassignment to a different district judge. There was no reversible error in the calculation of the sentence for Count Two; U.S.S.G. 2N2.1 applies because the offense conduct was a violation of the FDCA for purposes of concealing the involvement with Mr. Miyagi. View "United States v. Stanford" on Justia Law