United States v. Lababneh

Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Defendant-Appellant and Remand.

Brief filed: 03/31/2016


United States v. Lababneh

2nd Circuit Court of Appeals; Case No. 15-2070-cr

Prior Decision

On Appeal from the United States District Court for the Northern District of New York, docket no. 1:14-CR-189-1 (MAD).


Sentencing for synthetic marijuana offenses presents new and growing policy challenges. The scientific basis for the government's proposed 1:167 conversion ratio is highly questionable. The 1:167 ratio lacked scientific basis when promulgated and it does not conform with current experience. Whether XLR-11 is most similar to THC remains questionable. The government's proposed 1:167 ratio has not received adequate judicial scrutiny. Applying the 1:167 ratio risks significant inequities.

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Boris Bershteyn, Luke T. Taeschler, and Deepa Vanamali, Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY; Richard D. Willstatter, Green & Willstatter, White Plains, NY.