United States Court of Appeals for the Second Circuit
Drug schedule comparability – Issue addressed
Judges Kearse, Lohier, and Lee
Background: The United States petitioned the Second Circuit for a rehearing for United States v. Gibson, 55 F.4th 153 (2nd Cir 2022) seeking an amended opinion that states that the 2015 removal of Naloxegol from the federal controlled substances schedules rendered those schedules categorically narrower than the relevant New York drug schedules was nonprecedential.
Ruling: The Second Circuit denied the request for an amended opinion. The court noted that the comparability of the New York’s 2002 drug schedules and the current federal drug schedules was an issue the district court was required to, and did, decide in order to make a determination as to what the defendant’s guidelines sentence would be. The Second Circuit was required to, and did, determine whether the district court’s decision was correct.
Tiffany H. Lee, assistant United States attorney, for the petitioner.