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U.S. v. HORTA

No. CR-07-16-B-W.

534 F.Supp.2d 164 (2008)

UNITED STATES of America, v. Manuel HORTA.

United States District Court, D. Maine.

February 19, 2008.

Attorney(s) appearing for the Case

Joel B. Casey, Office of the U.S. Attorney, Bangor, ME, for United States of America.

Virginia G. Villa, Federal Defender's Office, Bangor, ME, for Manuel Horta.

SENTENCING ORDER

JOHN A. WOODCOCK, JR., District Judge.

The Court concludes that for defendants convicted of possessing cocaine base and another illegal drug, the conversion table for marijuana equivalency in Application Note D to U.S.S.G. § 2D1.1 contains a computational anomaly that enhances the sentencing range for a limited set of defendants, based on the quantity of cocaine base alone. Unable to assign a rational policy basis for the resulting...

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