United States v. HUBEI AMARVEL BIOTECH CO., LTD.
1:23-cr-00302
S.D.N.Y.Sep 17, 2025Background
- Defendant Qingzhou Wang was convicted by a jury of manufacturing/distributing 1-boc-4-AP (a fentanyl precursor), manufacturing/distributing methylamine (a listed chemical), and related conspiracy/money-laundering counts; acquitted of a fentanyl distribution conspiracy count.
- At sentencing (first raised mid-hearing), Wang objected to the Presentence Report’s (PSR) base offense level calculation (PSR set base offense level at 30) and the Probation Office’s factual attributions; the court overruled several factual objections at the hearing and adjourned sentencing to allow supplemental briefing on Guidelines issues.
- PSR derived a base offense level of 30 under U.S.S.G. §2S1.1 referencing §2D1.11(e)(1): the offenses involved ≥600 g of methylamine and ≥30 kg of 1-boc-4-AP (the latter analogized to piperidine).
- Wang’s three main challenges: (1) methylamine purity (bottle labeled “30%”) should reduce attributable quantity; (2) 1-boc-4-AP and ortho‑methyl‑N‑boc‑4‑AP improperly analogized to piperidine; (3) the 750 kg quantity agreed at a June 8, 2023 Fiji meeting should not be used in calculating offense weight.
- The court found no reliable evidence of methylamine purity and held purity is irrelevant under §2D1.11; it treated the January 2023 shipment as relevant conduct and held 1-boc-4-AP is properly analogized to piperidine based on structural/functional evidence; it also found by a preponderance that Wang agreed to sell 750 kg of 1-boc-4-AP at Fiji.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether methylamine purity reduces attributable chemical weight for Guidelines | N/A (Gov’t: full weight applies) | Wang: bottle labeled "30%" and chemical properties mean only 30% of 894 g (≈268 g) should count | Purity not established and irrelevant under §2D1.11; ≥600 g counts; base level 30 applies |
| Whether 1-boc-4-AP (and ortho‑methyl variant) may be analogized to piperidine for §2D1.11 | Gov’t/Probation: 1-boc-4-AP contributes a piperidine ring to fentanyl and is most analogous to piperidine | Wang: analogizing unlisted chemicals to a listed chemical (piperidine) is improper; ortho‑methyl variant is unlisted | Court applied §2X5.1 (most analogous guideline); structural/forensic evidence supports analogizing 1-boc-4-AP to piperidine; PSR’s approach sustained |
| Whether the January 2023 shipment is "relevant conduct" for sentencing | Gov’t: shipment contained methylamine and 1-boc-4-AP; Wang approved and is therefore directly responsible | Wang: shipment not reasonably foreseeable or within his relevant conduct scope | January 2023 shipment is relevant conduct under U.S.S.G. §1B1.3(a)(1)(A)-(B); jury findings and conduct show Wang committed/approved that shipment |
| Whether the 750 kg agreement at Fiji may be used to calculate offense weight | Gov’t: evidence (calls, invoice, deposit, meeting) shows agreement to sell 750 kg of 1-boc-4-AP | Wang: no actual shipments; agreement with confidential source alone insufficient; quantity referenced ortho‑methyl variant | Court found by preponderance that Wang and co-conspirators agreed to 750 kg of 1-boc-4-AP at Fiji; agreement is conspiratorial conduct and may be used for weight calculation |
Key Cases Cited
- United States v. Rahman, 189 F.3d 88 (2d Cir. 1999) (most analogous guideline analysis under §2X5.1 merits deference)
- United States v. Trapilo, 130 F.3d 547 (2d Cir. 1997) (conspiracy completes upon agreement; success of scheme not required)
- United States v. Lo, 447 F.3d 1212 (9th Cir. 2006) (DEA regulatory exemptions do not affect criminal liability for illegal distribution/importation of listed chemicals)
- United States v. King, 110 F.3d 61 (4th Cir. 1997) (upholding use of full solution weight for methylamine under listed-chemical Guidelines where Guidelines do not account for purity)
- United States v. Fletcher, 134 F.4th 708 (2d Cir.) (district courts may consider extrinsic facts at sentencing)