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Presumed Intent to Distribute due to Quantity of Drug Does Not Make Florida Trafficking in Meth a § 2L1.2 Drug Trafficking Offense

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United States v. Sarabia-Martinez, No. 14-50064 (5th Cir. Feb. 20, 2015) (Reavley, Jones, Elrod) How can an offense called trafficking in methamphetamine not be a drug trafficking offense?  Well, Florida Statute § 893.135(1)(f) includes mere possession as a form of ?trafficking? provided the defendant possesses at least 14 grams of methamphetamine.  Under the U.S. Sentencing Guidelines,

Full post as published by Fifth Circuit Blog on March 11, 2015 (boomark / email).

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