United States v. Marshall
United States Court of Appeals for the Seventh Circuit
908 F.2d 1312 (1990)
Stanley Marshall (defendant) was convicted of conspiring to and distributing over 10 grams of (lysergic acid diethylamide) LSD, defined by statute as a mixture or substance containing a detectable amount of LSD. This amount was enough for over 11,000 doses. Patrick Brumm, Richard Chapman, and John Schoenecker (defendants) were convicted of selling over five grams of LSD, which was enough for 1,000 doses. Based in part on the mandatory minimum sentencing for selling or distributing these amounts, Marshall was sentenced to 20 years of imprisonment, Brumm was sentenced to 60 months, Schoenecker was sentenced to 63 months, and Chapman was sentenced to 96 months. The defendants all challenged the calculation of the weight of the drugs. The amount of pure LSD in one dose is so small that LSD is sold on a separate carrier. Typically, LSD is dissolved into a solvent and then placed onto paper or gelatin. The trial court had included the paper sheets on which the LSD was sold as part of the mixture or substance containing a detectable amount of LSD, thereby including the paper in the weight of the LSD for purposes of calculating the mandatory minimum sentence. The defendants appealed to the United States Court of Appeals for the Seventh Circuit.
Rule of Law
Holding and Reasoning (Easterbrook, J.)
Dissent (Posner, J.)
Dissent (Cummings, J.)
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