Tenth Circuit, Joining Sister Circuits, Announces ‘Personal-Use’ Drug Quantity Doesn’t Constitute ‘Relevant Conduct’ Under Guidelines § 1B1.3(a) and Sets Forth Framework for Burden of Proof Analysis by Douglas Ankney by Douglas Ankney  In a case of first impression, the U.S. Court of Appeals for the Tenth Circuit adopted the burden-shifting …

Mississippi Supreme Court: Drug Buy Between Dealer and User Doesn’t Constitute Conspiracy to Distribute by David Reutter by David M. Reutter The Supreme Court of Mississippi reversed a defendant’s conviction after finding the State failed to prove he conspired with anyone to distribute methamphetamine. The Court’s en banc ruling was …

Washington Supreme Court Announces State’s Strict-Liability Drug Possession Law Is Unconstitutional by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Washington held that the state’s strict-liability drug possession law, codified at RCW 69.50.4013(1), is unconstitutional. Shannon Blake was arrested in connection with an …

Fifth Circuit: Evidence of Simple Drug Possession Insufficient to Search Cellphone Photos for Evidence of Drug Trafficking by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fifth Circuit held that evidence of mere possession of drugs together with an officer’s generalized allegations regarding the behavior of …

Tenth Circuit: Confession Involuntary Where FBI Agent Falsely Claimed to Be in Contact With Judge, and Defendant Could Shorten Sentence With Each Truthful Answer by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that Shane Thomas Young’s confession was involuntary because, under the …

Using Doctor-Prescribed Marijuana Could Send Some People Back to Prison by Douglas Ankney by Douglas Ankney Melissa Gass is a wife and a mother of five children who suffers from seizures as a result of a car crash when she was 10 years old. The seizures occur weekly, sometimes daily. …

Complexity and Lack of Standardization Makes Crime Statistics Less Useful by Matthew Clarke by Matt Clarke A lack of standardization in crime statistics and the complexity of the causes of and cures for crime have made the use of crime statistics difficult. For instance, whether using marijuana causes crime is …

Paylan v. Teitlebaum, FL, Deposition of Thomas Fowlkes, MD, Possession of Controlled Substance, 2017 Case 1:15-cv-00159-MW-GRJ Document 119-6 Filed 06/20/17 Page 1 of 4 Page 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION CASE NO.: 1:15-cv-159-MW-GRJ CHRISTINA PAYLAN, M.D., Plaintiff, vs. SCOTT TEITELBAUM, MD, in his individual …