United States v. Muhammad Anwar
880 F.3d 958
| 8th Cir. | 2018Background
- Muhammad Anwar and Ahmad Saeed ran a wholesale operation (2012–Mar. 2014) supplying synthetic cannabinoid products and synthetic cathinones to retail stores in Iowa; shipments often arrived by FedEx and were repackaged for retail sale.
- Products were marketed as incense but known by sellers and customers to be smoked/ingested; Anwar advised concealment and provided misleading lab reports to some retailers.
- Law enforcement conducted controlled buys and executed multiple search warrants seizing synthetic cannabinoids and bath salts; lab tests identified compounds such as XLR-11, UR-144, PB-22, and AB-FUBINACA.
- Payments from retail buyers included cash, checks, and money orders; some transactions used blank "pay to" lines or memos indicating "loan," and money orders were routed to conceal payees.
- Anwar was indicted on (1) conspiracy to distribute controlled substances and analogues (21 U.S.C. § 841/846) and (2) conspiracy to commit money laundering (18 U.S.C. § 1956(h)); a jury convicted him and the district court sentenced him to 240 months (drug count) plus 60 months consecutive (money laundering), affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency — knowledge for drug conspiracy | Govt: evidence showed Anwar knew or was deliberately ignorant that products were ingested and illegal | Anwar: substances obscure; could not have known they were controlled | Held: Guilty — deliberate ignorance and circumstantial evidence satisfied knowledge element |
| Sufficiency — money-laundering conspiracy | Govt: money-orders/checks and undisclosed payees showed agreement to conceal proceeds | Anwar: transactions were legitimate business records; witness (Ramos) unreliable | Held: Guilty — jury could credit Ramos; evidence supported agreement and knowing concealment |
| Brady/new trial — nondisclosure of Saeed admission | Govt: Saeed’s late admission was not favorable or material to Anwar; evidence was cumulative | Anwar: withheld co-conspirator confession (Saeed admitting selling bath salts) was potentially exculpatory | Held: No Brady violation; district court did not abuse discretion denying new trial |
| Sentencing — Guidelines calculations & reasonableness | Govt: applied marijuana-equivalency (1:167) for synthetic cannabinoids; enhancements for maintaining premises and aggravating role were proper; variance considered | Anwar: challenged 1:167 ratio, premises & role enhancements, and substantive reasonableness (medical, cooperation, deportation) | Held: Sentencing affirmed — 1:167 ratio controls in circuit; premises and role enhancements supported by record; downward variance adequate and sentence not substantively unreasonable |
Key Cases Cited
- United States v. Ramos, 814 F.3d 910 (8th Cir.) (marijuana-equivalency ratio for synthetic cannabinoids)
- Strickler v. Greene, 527 U.S. 263 (1999) (Brady materiality standard)
- United States v. Sdoulam, 398 F.3d 981 (8th Cir.) (deliberate ignorance standard)
- McFadden v. United States, 135 S. Ct. 2298 (2015) (circumstantial evidence relevant to knowledge)
- United States v. Irlmeier, 750 F.3d 759 (8th Cir.) (aggravating-role enhancement interpreted broadly)