United States v. Lynn

Lynn was convicted of conspiracy to manufacture methamphetamine, in 21 U.S.C. 841(a)(1), 846 and 18 U.S.C. 2; and conspiracy to possess pseudoephedrine, 21 U.S.C. 841(c)(2), 846 and 18 U.S.C. 2. The court imposed a below‐guidelines sentence of 192 months’ imprisonment. The Seventh Circuit affirmed, rejecting arguments that the district court erred in admitting National Precursor Exchange System (NPLEX) logs concerning pharmacy purchases of products containing pseudoephedrine, an ingredient in methamphetamine; and a video of a chemist demonstrating a particular method for producing methamphetamine, called “shake‐and‐bake,” and that Lynn should not have been sentenced as a career offender because his two predicate offenses for aggravated battery under Illinois las did not qualify as violent felonies under U.S.S.G. 4B1.2(a)(1). The NPLEX logs were nontestimonial; although the “shake‐and‐bake” video showed a different, and perhaps more sophisticated, means of production, the video’s presentation did not prejudice Lynn. View "United States v. Lynn" on Justia Law