United States v. Alexis Hernandez

United States v. Alexis Hernandez, No. 17-15666 (October 26, 2018) The Court affirmed the defendant’s conviction, holding that the Rules of Evidence do not apply in § 851 hearings, and that the district court did not plainly err in applying the preponderance of evidence standard where the evidence established the defendant’s prior conviction beyond a…

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United States v. Jason Phifer

United States v. Jason Phifer, No. 17-10397 (September 21, 2018) The Court reversed a defendant’s conviction for possession with the intent to distribute ethylone. At issue was whether ethylone is a “positional isomer” of butylone, which would therefore make it an illegal controlled substance. The DEA asserted that it was, pursuant to its regulations defining…

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