U.S. v. Moreno

Dist. Ct. did not err in imposing 80-month term of incarceration on defendant’s drug trafficking charge, even though defendant argued that Dist. Ct. assigned wrong offense level to “Alpha-PVP” drug at issue in charged offense. Alpha-PVP is not specifically listed in sentencing guidelines, and Dist. Ct., as factual matter, could properly find that most closely-related drug in guidelines in terms of chemical structure, effect and potency was methcathinone, as opposed to pyrovalerone, as suggested by defendant. Thus, Dist. Ct. could assign offense level for methcathinone to Alpha-PVP. Fact that Dist. Ct. considered live testimony from three users of Alpha-PVP, who described powerful stimulant of drug, did not require different result.