chapman
argued
march
decided
may
pure
dose
hallucinogenic
drug
lsd
small
must
sold
retail
customers
carrier
created
dissolving
pure
lsd
inter
alia
spraying
resulting
solution
paper
paper
cut
squares
users
swallow
lick
drop
beverage
release
drug
petitioners
convicted
district
selling
sheets
doses
blotter
paper
containing
lsd
violation
section
calls
mandatory
minimum
sentence
offense
distributing
one
gram
mixture
substance
containing
detectable
amount
lsd
although
petitioners
pure
lsd
weighed
milligrams
included
total
weight
paper
lsd
grams
calculating
sentences
thus
requiring
imposition
mandatory
minimum
sentence
grams
also
used
determine
base
offense
level
sentencing
commission
guidelines
manual
sentencing
guidelines
appeals
affirmed
rejecting
petitioners
arguments
carrier
medium
weight
included
sentencing
purposes
alternatively
construing
statute
sentencing
guidelines
require
carrier
medium
inclusion
violate
right
equal
protection
incorporated
due
process
clause
fifth
amendment
held
statute
requires
weight
carrier
medium
included
determining
appropriate
sentencing
trafficking
lsd
pp
since
statute
refers
mixture
substance
containing
detectable
amount
entire
mixture
substance
weighed
calculating
sentence
reading
supported
history
congress
attempts
control
illegal
drug
distribution
statute
structure
congress
knew
indicate
weight
pure
drug
used
determine
sentence
done
respect
phencyclidine
pcp
methamphetamine
providing
mandatory
minimum
sentence
based
either
weight
mixture
substance
containing
detectable
amount
drugs
lower
weights
pure
drugs
congress
clearly
intended
dilutant
cutting
agent
carrier
medium
heroin
cocaine
included
drugs
weight
sentencing
purposes
pp
blotter
paper
used
blotter
paper
customarily
used
distribute
lsd
mixture
substance
containing
detectable
amount
lsd
since
neither
statute
sentencing
guidelines
define
mixture
established
common
law
meaning
must
given
ordinary
meaning
see
moskal
portion
matter
consisting
two
components
however
thoroughly
commingled
regarded
retaining
separate
existence
webster
third
new
international
dictionary
lsd
crystals
left
behind
solvent
evaporates
inside
paper
commingled
lsd
chemically
combine
paper
thus
retains
separate
existence
using
dictionary
definition
allow
clause
interpreted
include
lsd
bottle
car
since
unlike
blotter
paper
containers
easily
distinguished
separated
lsd
reason
resort
rule
lenity
construe
statute
petitioners
favor
since
straightforward
reading
produce
result
absurd
glaringly
unjust
raise
reasonable
doubt
congress
intent
pp
statutory
construction
unconstitutional
determining
lengths
sentences
accordance
lsd
carrier
weight
arbitrary
thus
violate
due
process
penalty
scheme
intended
punish
severely
drug
traffickers
level
increases
penalty
persons
measuring
quantity
drugs
according
street
weight
diluted
form
sold
active
component
net
weight
thus
rational
congress
set
penalties
based
weight
blotter
paper
chosen
tool
trade
trafficking
lsd
congress
also
justified
seeking
avoid
arguments
accurate
weight
pure
drugs
might
extracted
paper
chosen
calibrate
sentences
according
weight
since
paper
seems
carrier
choice
vast
majority
cases
exactly
sentencing
scheme
designed
punish
heavily
deal
larger
amounts
drugs
distributors
varying
degrees
culpability
might
subject
sentence
mean
penalty
system
lsd
distribution
violates
due
process
moreover
fact
may
plausible
arguments
describing
blotter
paper
impregnated
lsd
mixture
substance
containing
lsd
mean
statute
unconstitutionally
vague
especially
since
debate
center
around
appropriate
sentence
conduct
criminality
since
one
courts
decided
issue
held
carrier
medium
weight
must
included
determining
appropriate
sentence
pp
rehnquist
delivered
opinion
white
blackmun
scalia
kennedy
souter
joined
stevens
filed
dissenting
opinion
marshall
joined
post
christopher
kelly
appointment
argued
cause
filed
briefs
petitioners
donald
thomas
bergerson
filed
briefs
stanley
marshall
respondent
rule
urging
reversal
paul
larkin
argued
cause
brief
solicitor
general
starr
assistant
attorney
general
mueller
deputy
solicitor
general
bryson
alan
ellis
kevin
zeese
filed
brief
drug
policy
foundation
et
al
amici
curiae
urging
reversal
chief
justice
rehnquist
delivered
opinion
section
title
code
calls
mandatory
minimum
sentence
five
years
offense
distributing
one
gram
mixture
substance
containing
detectable
amount
lysergic
acid
diethylamide
lsd
hold
weight
blotter
paper
containing
lsd
weight
pure
lsd
determines
eligibility
minimum
sentence
petitioners
richard
chapman
john
schoenecker
patrick
brumm
convicted
selling
sheets
doses
blotter
paper
containing
lsd
violation
district
included
total
weight
paper
lsd
determining
weight
drug
used
calculating
petitioners
sentences
accordingly
although
weight
lsd
alone
approximately
milligrams
grams
combined
weight
lsd
blotter
paper
resulted
imposition
mandatory
minimum
sentence
five
years
required
distributing
gram
mixture
substance
containing
detectable
amount
lsd
entire
grams
also
used
determine
base
offense
level
sentencing
commission
guidelines
manual
sentencing
guidelines
petitioners
appealed
claiming
blotter
paper
carrier
medium
weight
included
weight
drug
sentencing
purposes
alternatively
argued
statute
sentencing
guidelines
construed
require
inclusion
blotter
paper
carrier
medium
calculating
weight
drug
violate
right
equal
protection
incorporated
due
process
clause
fifth
amendment
appeals
seventh
circuit
en
banc
held
weight
blotter
paper
carrier
included
weight
mixture
substance
containing
detectable
amount
lsd
computing
sentence
defendant
convicted
distributing
lsd
appeals
also
found
congress
rational
basis
including
carrier
along
weight
drug
therefore
statute
sentencing
guidelines
violate
constitution
marshall
granted
certiorari
affirm
title
provides
person
violates
subsection
section
making
unlawful
knowingly
intentionally
manufacture
distribute
dispense
possess
intent
manufacture
distribute
dispense
controlled
substance
shall
sentenced
follows
case
violation
subsection
section
involving
gram
mixture
substance
containing
detectable
amount
lysergic
acid
diethylamide
lsd
person
shall
sentenced
term
imprisonment
may
less
years
according
sentencing
commission
lsd
average
dose
weighs
milligrams
therefore
pure
doses
gram
pure
dose
infinitesimal
amount
must
sold
retail
customers
carrier
pure
lsd
dissolved
solvent
alcohol
either
solution
sprayed
paper
gelatin
paper
dipped
solution
solvent
evaporates
leaving
minute
amounts
lsd
trapped
paper
gel
paper
gel
cut
squares
sold
dose
users
either
swallow
squares
lick
drug
released
drop
beverage
thereby
releasing
drug
although
gelatin
paper
light
weigh
much
lsd
ten
sheets
blotter
paper
carrying
doses
sold
petitioners
weighed
grams
lsd
weighed
milligrams
even
close
one
gram
necessary
trigger
mandatory
minimum
petitioners
argue
require
weight
carrier
included
computing
appropriate
sentence
lsd
distribution
words
mixture
substance
ambiguous
construed
reach
illogical
result
lsd
sold
dose
rather
weight
weight
lsd
carrier
included
determining
defendant
sentence
irrelevant
culpability
argue
including
weight
carrier
leads
anomalous
results
viz
major
wholesaler
caught
doses
pure
lsd
subject
year
mandatory
minimum
sentence
minor
pusher
doses
blotter
paper
even
one
dose
sugar
cube
subject
mandatory
minimum
sentence
thus
contend
weight
carrier
excluded
weight
pure
lsd
determined
weight
used
set
appropriate
sentence
think
petitioners
reading
statute
reading
makes
penalty
turn
net
weight
drug
rather
gross
weight
carrier
drug
together
plausible
one
statute
refers
mixture
substance
containing
detectable
amount
long
contains
detectable
amount
entire
mixture
substance
weighed
calculating
sentence
reading
confirmed
structure
statute
respect
various
drugs
including
heroin
cocaine
lsd
provides
mandatory
minimum
sentences
crimes
involving
certain
weights
mixture
substance
containing
detectable
amount
drugs
respect
drugs
however
namely
phencyclidine
pcp
methamphetamine
provides
mandatory
minimum
sentence
based
either
weight
mixture
substance
containing
detectable
amount
drug
lower
weights
pure
pcp
methamphetamine
example
iv
provides
mandatory
minimum
sentence
person
distributes
grams
pcp
kilogram
mixture
substance
containing
detectable
amount
pcp
thus
respect
two
drugs
congress
clearly
distinguished
pure
drug
mixture
substance
containing
detectable
amount
pure
drug
respect
drugs
lsd
petitioners
distributed
congress
declared
sentences
based
exclusively
weight
mixture
substance
congress
knew
indicate
weight
pure
drug
used
determine
sentence
make
distinction
respect
lsd
chapman
maintains
congress
intended
include
weight
lsd
carrier
sentencing
purposes
carrier
constitute
nearly
weight
entire
unit
sentence
therefore
based
weight
carrier
rather
drug
point
made
drugs
like
heroin
cocaine
however
congress
clearly
intended
dilutant
cutting
agent
carrier
medium
included
weight
drugs
sentencing
purposes
inactive
ingredients
combined
pure
heroin
cocaine
mixture
sold
consumers
heavily
diluted
form
drug
cases
concentration
drug
mixture
low
buggs
heroin
dorsey
app
heroin
smith
heroin
cert
denied
carrier
mixture
substance
containing
detectable
amount
drug
language
statute
weight
mixture
substance
weight
pure
drug
controlling
history
congress
attempts
control
illegal
drug
distribution
shows
congress
chose
course
respect
sentencing
comprehensive
drug
abuse
prevention
control
act
pub
stat
divided
drugs
schedules
according
potential
abuse
lsd
listed
schedule
listed
material
compound
mixture
preparation
contains
quantity
following
hallucinogenic
substances
including
lsd
pub
law
link
penalties
quantity
drug
possessed
penalties
instead
depended
upon
whether
drug
classified
narcotic
controlled
substances
penalties
amendments
act
chapter
comprehensive
crime
control
act
pub
stat
first
made
punishment
dependent
upon
quantity
controlled
substance
involved
maximum
sentence
constribution
five
grams
lsd
set
years
iv
supp
ii
amendments
intended
provide
rational
penalty
structure
major
drug
trafficking
offenses
eliminating
sentencing
disparities
caused
classifying
drugs
narcotic
penalties
based
instead
upon
weight
pure
drug
involved
see
mcgeehan
cert
denied
current
penalties
lsd
distribution
originated
abuse
act
pub
stat
congress
adopted
approach
punishing
drug
trafficking
total
quantity
distributed
rather
amount
pure
drug
involved
used
determine
length
sentence
pt
pp
implement
principle
congress
set
mandatory
minimum
sentences
corresponding
weight
mixture
substance
containing
detectable
amount
various
controlled
substances
including
lsd
viii
viii
intended
penalties
drug
trafficking
graduated
according
weight
drugs
whatever
form
found
cut
uncut
pure
impure
ready
wholesale
ready
distribution
retail
level
congress
want
punish
retail
traffickers
less
severely
even
though
deal
smaller
quantities
pure
drug
traffickers
keep
street
markets
going
supra
pt
think
blotter
paper
used
case
blotter
paper
customarily
used
distribute
lsd
mixture
substance
containing
detectable
amount
lsd
holding
confirm
unanimous
conclusion
courts
appeals
addressed
issue
neither
statute
sentencing
guidelines
define
terms
mixture
substance
established
common
law
meaning
terms
therefore
must
given
ordinary
meaning
see
moskal
mixture
defined
include
portion
matter
consisting
two
components
bear
fixed
proportion
one
another
however
thoroughly
commingled
regarded
retaining
separate
existence
webster
third
new
international
dictionary
mixture
may
also
consist
two
substances
blended
together
particles
one
diffused
among
particles
oxford
english
dictionary
ed
lsd
applied
blotter
paper
solvent
absorbed
paper
ultimately
evaporates
solvent
evaporates
lsd
left
behind
form
said
mix
paper
lsd
crystals
inside
paper
commingled
lsd
chemically
combine
paper
thus
retains
separate
existence
released
dropping
paper
liquid
swallowing
paper
lsd
diffused
among
fibers
paper
like
heroin
cocaine
mixed
cutting
agents
lsd
distinguished
blotter
paper
easily
separated
like
cutting
agents
used
drugs
ingested
blotter
paper
gel
sugar
cube
carrying
lsd
often
ingested
drug
petitioner
argues
terms
mixture
substance
given
dictionary
meaning
clause
interpreted
include
carriers
like
glass
vial
automobile
drugs
transported
thus
making
phrase
nonsensical
nonsense
necessary
result
giving
term
mixture
dictionary
meaning
term
include
lsd
bottle
lsd
car
drug
easily
distinguished
separated
container
drug
clearly
mixed
glass
vial
automobile
drug
chemically
bonded
vial
car
may
true
weights
containers
packaging
materials
generally
included
determining
sentence
drug
distribution
items
also
clearly
mixed
otherwise
combined
drug
petitioners
argue
excluding
weight
lsd
carrier
determining
sentence
consistent
established
principles
statutory
construction
first
argue
rule
lenity
requires
ambiguous
statute
type
construed
favor
defendant
petitioners
also
argue
statute
construed
avoid
serious
constitutional
question
interpretation
statute
require
struck
violating
due
process
rule
lenity
however
applicable
unless
grievous
ambiguity
uncertainty
language
structure
act
huddleston
even
seize
every
thing
aid
derived
still
left
ambiguous
statute
bass
quoting
fisher
cranch
rule
lenity
comes
operation
end
process
construing
congress
expressed
beginning
overriding
consideration
lenient
wrongdoers
callanan
see
also
moskal
supra
statutory
language
structure
indicate
weight
carrier
included
mixture
substance
containing
detectable
amount
lsd
determining
sentence
lsd
distributor
straightforward
reading
produce
result
absurd
glaringly
unjust
rodgers
citation
omitted
raise
reasonable
doubt
congress
intent
moskal
supra
reason
resort
rule
lenity
circumstances
petitioners
also
argue
constructions
cast
doubt
statute
constitutionality
avoided
citing
public
citizen
department
justice
reasonable
construction
must
resorted
order
save
statute
unconstitutionality
edward
debartolo
florida
gulf
coast
building
construction
trades
council
reading
mixture
include
blotter
paper
impregnated
lsd
crystals
reasonable
construction
one
raise
grave
doubts
constitutionality
provision
jin
fuey
moy
canon
construction
strive
interpret
statute
way
avoid
unconstitutional
construction
useful
close
cases
license
judiciary
rewrite
language
enacted
legislature
monsanto
petitioners
argument
unavailing
reasons
explain
petitioners
argue
due
process
law
guaranteed
fifth
amendment
violated
determining
lengths
sentences
accordance
weight
lsd
carrier
factor
insist
arbitrary
argue
preliminarily
right
free
deprivations
liberty
result
arbitrary
sentences
fundamental
therefore
statutory
provision
issue
may
upheld
government
compelling
interest
classification
question
never
subjected
criminal
process
sort
truncated
analysis
decline
every
person
fundamental
right
liberty
sense
government
may
punish
unless
proves
guilt
beyond
reasonable
doubt
criminal
trial
conducted
accordance
relevant
constitutional
guarantees
bell
wolfish
person
convicted
eligible
may
impose
whatever
punishment
authorized
statute
offense
long
penalty
cruel
unusual
mcmillan
pennsylvania
meachum
fano
long
penalty
based
arbitrary
distinction
violate
due
process
clause
fifth
amendment
context
noted
jones
argument
based
equal
protection
essentially
duplicates
argument
based
due
process
find
congress
rational
basis
choice
penalties
lsd
distribution
penalty
scheme
set
abuse
act
intended
punish
severely
drug
traffickers
level
pt
assigns
severe
penalties
distribution
larger
quantities
drugs
measuring
quantity
drugs
according
street
weight
drugs
diluted
form
sold
rather
according
net
weight
active
component
statute
sentencing
guidelines
increase
penalty
persons
possess
large
quantities
drugs
regardless
purity
rational
sentencing
scheme
true
respect
lsd
respect
drugs
although
lsd
sold
weight
dose
carrier
medium
strictly
speaking
used
dilute
drug
medium
used
facilitate
distribution
drug
blotter
paper
makes
lsd
easier
transport
store
conceal
sell
tool
trade
traffic
drug
therefore
rational
congress
set
penalties
based
chosen
tool
congress
also
justified
seeking
avoid
arguments
accurate
weight
pure
drugs
might
extracted
blotter
paper
chosen
calibrate
sentences
according
weight
petitioners
claim
sentencing
scheme
issue
actually
produced
arbitrary
array
sentences
motions
district
contain
proof
actual
disparities
sentencing
rather
challenge
act
face
ground
inevitably
lead
arbitrary
punishments
hypothetical
cases
imagined
involving
heavy
carriers
little
lsd
cases
import
considering
claim
persons
petitioners
used
standard
lsd
carrier
blotter
paper
seems
carrier
choice
vast
majority
cases
therefore
exactly
sentencing
scheme
designed
punish
heavily
deal
larger
amounts
drugs
petitioners
argue
selling
different
numbers
doses
therefore
different
degrees
culpability
subject
minimum
sentence
choosing
different
carriers
objection
made
statute
imposed
fixed
sentence
distributing
quantity
lsd
form
carrier
sentencing
scheme
considering
individual
degrees
culpability
clearly
constitutional
congress
power
define
criminal
punishments
without
giving
courts
sentencing
discretion
ex
parte
determinate
sentences
found
country
penal
codes
inception
see
grayson
remained
present
see
mandatory
life
imprisonment
federal
murder
statute
mandatory
life
imprisonment
violation
drug
superkingpin
statute
ed
flat
sentence
armed
robbery
postal
carrier
upheld
due
process
challenge
smith
cert
denied
smith
sentencing
scheme
providing
individualized
sentences
rests
constitutional
commands
public
policy
enacted
statutes
lockett
ohio
plurality
opinion
see
also
mistretta
distributors
varying
degrees
culpability
might
subject
sentence
mean
penalty
system
lsd
distribution
unconstitutional
likewise
hold
statute
unconstitutionally
vague
first
amendment
freedoms
infringed
vagueness
claim
must
evaluated
statute
applied
facts
case
powell
fact
may
plausible
arguments
describing
blotter
paper
impregnated
lsd
mixture
substance
containing
lsd
mean
statute
vague
particularly
since
whatever
debate
center
around
appropriate
sentence
criminality
conduct
upheld
defendant
conviction
rodgers
even
though
appeals
circuit
defendant
resided
construed
statute
applying
one
position
contrary
courts
appeals
decided
issue
except
one
district
healy
dc
held
weight
carrier
medium
must
included
determining
appropriate
sentence
hold
statute
requires
weight
carrier
medium
included
determining
appropriate
sentence
trafficking
lsd
construction
neither
violation
due
process
unconstitutionally
vague
accordingly
judgment
affirmed
footnotes
likewise
sentencing
guidelines
selling
number
doses
subject
widely
varying
sentences
depending
upon
carrier
medium
used
example
selling
doses
receive
following
disparate
sentences
base
carrier
weight
offense
guidelines
doses
level
range
months
sugar
cube
gr
blotter
paper
gr
gelatin
capsule
pure
lsd
brief
petitioners
footnotes
omitted
even
among
dealers
using
blotter
paper
sentences
vary
weight
blotter
paper
varies
dealer
dealer
petitioners
blotter
paper
containing
doses
lsd
weighed
grams
milligrams
per
dose
rose
doses
blotter
paper
weighed
grams
milligrams
per
dose
elrod
doses
blotter
paper
weighed
grams
milligrams
per
dose
healy
dc
doses
blotter
paper
weighed
grams
milligrams
per
dose
larsen
elrod
cert
denied
bishop
daly
cert
denied
rose
taylor
petitioner
points
views
members
congress
use
phrase
mixture
substance
containing
detectable
amount
lsd
less
precise
views
manifested
introduction
bills
senate
excluded
lsd
carrier
mediums
mixture
substance
clause
neither
bills
enacted
law
questionable
whether
even
amount
subsequent
legislative
history
unreliable
guide
legislative
intent
see
pierce
underwood
quern
mandley
every
appeals
addressed
issue
held
sentencing
scheme
rational
see
mendes
see
murphy
bishop
holmes
cert
denied
klein
hoyt
savinovich
cert
denied
ramos
note
distributors
lsd
make
choice
carrier
act
minimize
potential
sentences
almost
distributors
choose
blotter
paper
rather
heavier
bulkier
sugar
cubes
justice
stevens
justice
marshall
joins
dissenting
consequences
majority
construction
bizarre
believe
intended
congress
neither
ambiguous
language
statute
sparse
legislative
history
supports
interpretation
reached
majority
today
indeed
majority
construction
statute
necessarily
produce
sentences
anomalous
undermine
uniformity
congress
sought
achieve
adopted
sentencing
guidelines
conclusion
reached
five
circuit
judges
two
opinions
dissenting
holding
majority
appeals
seventh
circuit
sitting
en
banc
case
one
dissenting
opinions
judge
cummings
pointed
evidence
congress
intended
weight
carrier
considered
sentence
determination
lsd
cases
good
reason
believe
congress
unaware
inequitable
consequences
interpretation
statute
marshall
judge
posner
noted
dissenting
opinion
severity
sentences
lsd
cases
comparable
drug
cases
weight
lsd
carrier
disregarded
begin
language
statute
judges
dissented
seventh
circuit
en
banc
decision
becomes
immediately
apparent
phrase
mixture
substance
far
clear
majority
notes
neither
statute
sentencing
guidelines
define
terms
mixture
substance
ante
majority
initially
resists
identifying
lsd
carrier
either
mixture
substance
instead
simply
refers
combination
using
language
statute
mixture
substance
containing
detectable
amount
drug
see
ante
eventually
however
majority
identify
combination
mixture
solvent
evaporates
lsd
left
behind
form
said
mix
paper
lsd
crystals
inside
paper
commingled
lsd
chemically
combine
paper
ante
although
true
ink
absorbed
blotter
said
mix
paper
describe
used
blotter
mixture
ink
paper
believe
word
mixture
comfortably
describes
relatively
large
blotter
carries
grains
lsd
adhere
surface
believe
term
mixture
encompasses
lsd
carrier
issue
like
majority
think
term
substance
describes
combination
accurately
turn
legislative
history
see
provides
guidance
congressional
intent
purpose
seventh
circuit
observed
legislative
history
sparse
reference
lsd
debates
preceding
passage
amendments
reference
addresses
neither
quantities
weights
drugs
see
also
cong
rec
statement
harkin
perhaps
telling
case
subsequent
legislative
history
letter
senator
joseph
biden
dated
april
chairman
sentencing
commission
william
wilkens
commented
ambiguity
statute
respect
lsd
unclear
whether
congress
intended
carrier
considered
packaging
material
since
commonly
consumed
along
illicit
drug
dilutant
ingredient
drug
mixture
commission
suggests
congress
may
wish
consider
lsd
carrier
issue
order
clarify
legislative
intent
whether
weight
carrier
considered
determining
quantity
lsd
mixture
punishment
purposes
clarification
mixture
substance
section
title
code
amended
inserting
following
new
subsection
end
thereof
determining
weight
mixture
substance
section
shall
include
weight
carrier
upon
controlled
substance
placed
transported
cong
rec
light
ambiguity
phrase
mixture
substance
lack
legislative
history
guide
us
necessary
examine
congressional
purpose
behind
statute
determine
whether
majority
reading
statute
leads
results
congress
intended
figures
opinion
see
ante
sufficient
show
majority
construction
lead
anomalous
sentences
contrary
one
central
purposes
sentencing
guidelines
eliminate
disparity
sentencing
congress
sought
reasonable
uniformity
sentencing
narrowing
wide
disparity
sentences
imposed
similar
criminal
offenses
committed
similar
offenders
sentencing
commission
federal
sentencing
guidelines
manual
majority
chart
makes
clear
widely
divergent
sentences
may
imposed
sale
identical
amounts
controlled
substance
simply
nature
carrier
doses
lsd
sold
sugar
cubes
sentence
range
months
whereas
dosage
sold
pure
liquid
form
sentence
range
months
see
ante
absurdity
inequity
result
emphasized
judge
posner
dissent
person
sells
lsd
blotter
paper
worse
criminal
one
sells
number
doses
gelatin
cubes
subject
heavier
punishment
person
sells
five
doses
lsd
sugar
cubes
worse
person
manufacturer
lsd
caught
doses
pure
form
former
subject
mandatory
minimum
sentence
latter
even
subject
minimum
defendant
chapman
received
five
years
selling
thousand
doses
lsd
blotter
paper
sold
number
doses
pure
form
guidelines
sentence
fourteen
months
defendant
marshall
sentence
selling
almost
doses
four
years
rather
twenty
defendant
rose
cir
must
bought
unusually
heavy
blotter
paper
sold
doses
yet
blotter
paper
weighed
grams
chapman
although
chapman
sold
twice
many
doses
depending
weight
carrier
medium
zero
stuff
sold
pure
form
excluding
orange
juice
case
guidelines
range
selling
doses
amount
dean
doses
amount
rose
stretches
ten
months
months
selling
thousand
doses
chapman
fifteen
months
selling
doses
marshall
months
life
none
computations
way
weight
lsd
make
difference
slight
weight
relative
carrier
except
course
sold
pure
form
congress
might
well
said
carrier
weigh
carrier
forget
lsd
quilt
pattern
whereof
one
able
discern
legislative
history
silent
since
even
justice
department
explain
punishment
scheme
defending
plausible
inference
congress
simply
realize
lsd
sold
nothing
jurisprudence
compels
us
interpret
ambiguous
statute
reach
absurd
result
fact
specifically
declined
past
even
statute
ambiguous
ground
congress
intended
outcome
construing
statute
learned
hand
wisely
counseled
us
look
first
words
statute
make
fortress
dictionary
remember
statutes
always
purpose
object
accomplish
whose
sympathetic
imaginative
discovery
surest
guide
meaning
cabell
markham
aff
past
recognized
frequently
words
general
meaning
used
statute
words
broad
enough
include
act
question
yet
consideration
absurd
results
follow
giving
broad
meaning
words
makes
unreasonable
believe
legislator
intended
include
particular
act
church
holy
trinity
words
guided
construction
statute
issue
public
citizen
department
justice
also
noted
ooking
beyond
naked
text
guidance
perfectly
proper
result
apparently
decrees
difficult
fathom
seems
inconsistent
congress
intention
undoubtedly
congress
intended
punish
drug
traffickers
severely
particular
congress
intended
punish
sell
large
quantities
drugs
severely
sell
small
quantities
express
intention
treat
sell
lsd
differently
sell
dangerous
drugs
majority
construction
statute
fails
embody
legitimate
goals
congress
instead
punishing
severely
sell
large
quantities
lsd
punish
severely
sell
small
quantities
lsd
weighty
carriers
instead
sentencing
comparable
ways
sell
different
types
drugs
sentence
sell
lsd
longer
terms
sell
proportionately
equivalent
quantities
equally
dangerous
drugs
today
shows
little
respect
congress
handiwork
construes
statute
undermine
goals
congress
sought
achieve
respectfully
dissent
chief
judge
bauer
judges
wood
cudahy
posner
joined
judge
cummings
dissent
see
marshall
judges
also
joined
judge
posner
dissent
see
see
turkette
determining
scope
statute
look
first
language
statutory
definitional
section
applicable
define
mixture
substance
guidelines
merely
provide
nless
otherwise
specified
weight
controlled
substance
set
forth
offense
level
table
refers
entire
weight
mixture
substance
containing
detectable
amount
controlled
substance
sentencing
commission
guidelines
manual
ussg
majority
seventh
circuit
also
identified
combination
mixture
see
however
circuits
addressed
question
either
identified
combination
substance
see
bishop
daly
taylor
simply
held
combination
fell
within
statutory
language
mixture
substance
without
distinguishing
two
see
elrod
larsen
point
mixture
substance
language
remains
ambiguous
highlighted
sentencing
commission
desire
clarify
meaning
terms
sentencing
commission
notice
issued
march
invited
public
comment
whether
commission
exclude
weight
carrier
sentencing
purposes
lsd
cases
section
guidelines
manual
entitled
questions
frequently
asked
sentencing
guidelines
contains
question
mixture
substance
language
reflects
commission
continuing
uncertainty
whether
blotter
paper
weighed
respect
blotter
paper
sugar
cubes
mediums
lsd
controlled
substances
may
absorbed
commission
definitively
stated
whether
carrier
medium
considered
part
drug
mixture
substance
guideline
application
purposes
order
ensure
consistency
guidelines
statute
application
note
term
mixture
substance
meaning
guideline
purposes
thus
must
determine
whether
statute
lsd
carrier
medium
considered
part
lsd
mixture
substance
date
circuit
courts
addressed
issue
appear
answering
question
affirmatively
ussg
supra
course
subsequent
legislative
history
generally
relevant
always
must
used
care
interpreting
enacted
legislation
compare
sullivan
finkelstein
scalia
concurring
part
however
provide
evidence
effect
statute
simply
overlooked
see
bishop
nd
iowa
senator
biden
offered
following
example
highlight
inequities
resulted
carrier
weight
included
determining
weight
mixture
substance
lsd
inequity
decisions
apparent
following
example
single
dose
lsd
weighs
approximately
mg
sugar
cube
dose
may
dropped
purposes
ingestion
transportation
however
weighs
approximately
grams
person
distributing
one
gram
mixture
substance
containing
lsd
punishable
minimum
sentence
years
maximum
sentence
years
person
distributing
less
gram
lsd
however
subject
maximum
sentence
years
thus
person
distributing
sic
doses
lsd
liquid
form
subject
minimum
penalty
person
handing
another
person
single
dose
sugar
cube
subject
mandatory
penalty
cong
rec
sentencing
disparities
justified
differences
among
offenses
offenders
unfair
offenders
public
sentence
unjustifiably
high
compared
sentences
similarly
situated
offenders
clearly
unfair
offender
sentence
unjustifiably
low
plainly
unfair
public
pp
bill
creates
sentencing
guidelines
system
intended
treat
classes
offenses
committed
categories
offenders
consistently
primary
goal
sentencing
reform
elimination
unwarranted
sentencing
disparity
omitted
see
healy
dc
daly
comparison
treatment
lsd
harmful
drugs
also
illuminating
irrationality
magnified
compare
sentences
people
sell
drugs
prohibited
marshall
remember
sold
fewer
doses
sentenced
twenty
years
twelve
thousand
doses
sounds
like
lot
receive
comparable
sentence
selling
heroin
marshall
sell
ten
kilograms
yield
one
two
million
doses
platt
heroin
addiction
theory
research
treatment
ed
cf
diamorphine
scott
ed
receive
comparable
sentence
selling
cocaine
sell
fifty
kilograms
yield
anywhere
five
million
doses
washton
cocaine
addiction
treatment
recovery
relapse
prevention
cocaine
use
america
epidemiologic
clinical
perspectives
kozel
adams
national
institute
drug
abuse
pamphlet
corresponding
weight
lower
crack
half
kilogram
still
translates
doses
see
congress
must
intended
supervised
release
apply
committed
drug
offenses
interim
period
abuse
act
enacted
sentencing
reform
act
became
effective
even
though
latter
defined
term
yet
become
effective
sheridan
government
duty
prevent
foreseeably
dangerous
individual
wandering
unattended
odd
assume
congress
intended
breach
duty
give
rise
liability
dangerous
human
instrument
merely
negligent
malicious
see
also
green
bock
laundry
machine
rule
plain
language
commands
weighing
prejudice
defendant
civil
trial
well
criminal
trial
literal
reading
compel
odd
result
case
like
scalia
concurring
judgment
confronted
statute
interpreted
literally
produces
absurd
perhaps
unconstitutional
house
committee
strongly
believes
federal
government
intense
focus
major
traffickers
manufacturers
heads
organizations
responsible
creating
delivering
large
quantities
drugs
pp
result
code
consistent
pattern
maximum
sentences
equally
serious
offenses
instead
current
almost
random
maximum
sentences
caused
piecemeal
approach
creation
federal
criminal
laws
past
omitted
use
sentencing
guidelines
policy
statements
assure
sentence
fair
compared
sentences
ibid