United States v. Chowdhury
2011 U.S. App. LEXIS 3459
| 2d Cir. | 2011Background
- Approximately 28,000 yellow pills found in Chowdhury's car at a CBP checkpoint; pills tested positive for MDMA at the checkpoint and later confirmed as a BZP-TFMPP mix.
- Chowdhury pled guilty to possession with intent to distribute approximately 8.475 kilograms of BZP in violation of 21 U.S.C. § 846.
- BZP is not specifically referenced in the Guidelines, so Probation used the marijuana-equivalency method to compute base offense level under § 2D1.1, cmt. n. 5.
- The marijuana equivalency for 8.475 kg of MDMA yields a base offense level of 34; adjustments reduced to a final level of 29 with a criminal history category I.
- District Court sentenced Chowdhury within the computed Guidelines range, primarily at 96 months, after crediting the Probation Office's calculation that BZP-TFMPP is closest to MDMA.
- Chowdhury appealed arguing the court erred by treating MDMA as the closest relevant substance, challenging the procedural reasonableness of the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court clearly erred in treating MDMA as the closest related substance for BZP-TFMPP | Chowdhury contends MDMA is not the closest substitute for BZP-TFMPP. | The government argues the DEA and related authorities show BZP-TFMPP mimics MDMA effects and is marketed as such. | No clear error; MDMA is the closest related substance for BZP-TFMPP. |
| Whether the district court's reliance on MDMA affects procedural reasonableness of the sentence | Using MDMA was a reversible error that renders the sentence procedurally unreasonable. | The court properly applied § 2D1.1 and considered practical factors; any potency differences could be addressed as a variance, not an error. | Sentence not procedurally unreasonable; no reversible error in the approach. |
Key Cases Cited
- United States v. Cavera, 550 F.3d 180 (2d Cir. 2008) (reasonableness review entails substantive and procedural analysis of sentencing)
- United States v. DeSilva, 613 F.3d 352 (2d Cir. 2010) (clearly erroneous fact findings may render a sentence procedurally unreasonable)
- United States v. Rose, 722 F. Supp. 2d 1286 (M.D. Ala. 2010) (supports treating BZP-TFMPP as closely related to MDMA when marketed as MDMA)
- Beckley, 715 F. Supp. 2d 743 (E.D. Mich. 2010) (held there was no controlled substance within the Guidelines substantially similar to BZP-TFMPP)