LINDSEY

v.

BAXTER HEALTHCARE CORP.

Citator

Cited By

• Griffith v. United States, 871 F.3d 1321 (11th Cir. 2017)
  …the weight of the sludge should not have been used in calculating the defendants’ base offense level under § 2D1.1. Id. at 1579. Other circuits at that time had interpreted the term “mixture or substance” differently. See Walker v. United States, 506 U.S. 967, 967, 113 S.Ct. 443, 443, 121 L.Ed.2d 362 (1992) (White, J., dissenting from the denial of certiorari) (noting that our Circuit, along with the Second, Third, Sixth, and the Ninth Circuits had adopted the approach that “sentences should not [be] bas…
• Sewell v. United States, 507 U.S. 953 (U.S. 1993)
  …ubstance containing a detectable amount of . . . methamphetamine” for purposes of §2D1.1 of the United States Sentencing Commission, Guidelines Manual (Nov. 1991). The Circuits are deeply split on this issue. As I noted in Walker v. United States, 506 U. S. 967, 968 (1992), the Courts of Appeals for the Second, Third, and Ninth Circuits have joined the Sixth and Eleventh Circuits in adopting an approach consistent with that urged by petitioners. By contrast, the Court of Appeals for the Fifth Circuit, join…