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U.S. v. ACOSTA

No. 780, Docket 91-1527.

963 F.2d 551 (1992)

UNITED STATES of America, Appellee, v. Elmer Arias ACOSTA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 13, 1992.

Attorney(s) appearing for the Case

John D. Patten, New York City, for defendant-appellant.

Charles D. Hammerman, Asst. U.S. Atty., E.D.N.Y. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., Susan Corkery, Asst. U.S. Atty., E.D.N.Y., of counsel), for appellee.

Before VAN GRAAFEILAND, CARDAMONE and McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge:

Both Congress and the Sentencing Commission have made clear that, to penalize drug traffickers, their sentences should be based on the entire weight of mixtures containing a detectable amount of a controlled substance. See 21 U.S.C. § 841; U.S.S.G. § 2D1.1(c) note*. Accordingly, the Supreme Court has recently held that, for sentencing purposes, the weight of LSD includes the weight of its carrier medium— in that case...

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