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United States v. Ekasala

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Before Lynch, Chief Judge, Lipez and Howard, Circuit Judges.

This is a direct appeal from the defendant’s 42-month, below-guidelines sentence for possessing and distributing oxycodone. He raises two issues on appeal. First, he argues that the marijuana equivalent for oxycodone is irrationally high. Second, he argues that the district court abused its discretion in declining to impose a lighter sentence for that and other reasons. For the reasons discussed below, we find neither argument persuasive and therefore summarily affirm the district court’s judgment. Because we do not believe that oral argument would be helpful, we deny the appellant’s request for argument.

The first issue that the defendant raises on appeal is whether the marijuana equivalent for oxycodone, as amended by Amendment 657,*fn1 is arbitrary and capricious. This argument has two components. Primarily, the defendant challenges the rationality of changing the marijuana equivalent from 500 grams per gram of pill weight, regardless of the amount of oxycodone contained in each pill, to 6,700 grams per gram of actual oxycodone. Secondarily, he challenges the rationality of attaching a higher marijuana equivalent, and resulting higher base offense level, to oxycodone than to an equal weight of heroin.

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