Docket No. 11-741-cr.

681 F.3d 45 (2012)

UNITED STATES of America, Appellee, v. Mitchell Mark DAVID, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 17, 2012.

Attorney(s) appearing for the Case

Harry Sandick ( Kelly Mauceri , on the brief), Patterson Belknap Webb & Tyler LLP, New York, NY, for defendant-appellant Mitchell Mark David.

Paul D. Silver , Assistant United States Attorney ( Daniel C. Gardner , Assistant United States Attorney, of counsel), for Richard S. Hartunian, United States Attorney for the Northern District of New York, Albany, NY, for appellee the United States of America.

Before: CALABRESI, CABRANES, and CHIN, Circuit Judges.


The question presented is whether the District Court correctly determined, for the purpose of applying Federal Sentencing Guideline 2D1.1, the most closely analogous substance listed in the Drug Quantity Table of that Guideline to the controlled substance seized from the defendant at the time of his arrest.

Defendant Mitchell Mark David appeals from a judgment of the United States District Court for the Northern District of New York (Glenn T. Suddaby...

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