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United States v. Marshall

United States Court of Appeals for the Seventh Circuit
908 F. 2d 1312 (1990)


Stanley Marshall and three others (defendants) were convicted of distributing or intending to distribute lysergic acid diethylamide (LSD). The defendants were given prison sentences ranging from five to 20 years, based on the weight of the blotter sheets to which the LSD was adhered. The defendants’ sentences were mandatory minimum periods of imprisonment established by the Controlled Substances Act (CSA), 21 U.S.C. § 841. The CSA determined minimum sentences in accordance with the weight of the mixture or substance containing the illegal drug. The defendants appealed their sentences, arguing that for purposes of the CSA, the relevant weight was that of the LSD alone, not that of the LSD and blotter sheets combined.

Rule of Law


Holding and Reasoning (Easterbrook, J.)

Dissent (Posner, J.)

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