UNITED STATES v. THOMAS

No. 17-1405.

939 F.3d 1121 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Ray THOMAS, a/k/a Donald Ray Thomas, II, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED October 1, 2019.


Attorney(s) appearing for the Case

Jacob R. Rasch-Chabot , Assistant Federal Public Defender ( Virginia L. Grady , Federal Public Defender, with him on the briefs), Denver, Colorado for Defendant-Appellant.

J. Bishop Grewell , Assistant United States Attorney ( Robert C. Troyer , United States Attorney, with him on the brief), Denver, Colorado for Plaintiff-Appellee.

Before HARTZ, MATHESON, and EID, Circuit Judges.


The sole issue presented on this appeal is the meaning of counterfeit substance in § 4B1.2(b) of the United States Sentencing Guidelines. Defendant contends that a counterfeit substance is a controlled substance that has been mislabeled or misbranded fraudulently or without authorization—a definition that...

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