Whether the government may commingle substances that pose an identifiable danger of misidentification to produce an aggregate mixture or substance containing a detectable amount of a controlled substance that increases the minimum mandatory sentence under 21 U.S.C. § 841

QUESTION PRESENTED In Chapman v. United States, 500 U.S. 453 (1991), this Court explained that it is proper to include the weight of a cutting agent when determining the total weight of a “mixture or substance containing a detectable amount” of a particular drug. Id. at 459-60 (quoting 21 U.S.C. § 841(b)(1)(A)). The results of which “[i]n some cases the concentration of the drug in the mixture [would be] very low,” but concluding that Congress intended for the entire mixture or substance to be weighed so “long as it contains a detectable amount” of the drug. Id. at 459-61. This Court went on to explain that “Congress adopted a ‘market-oriented’ approach to punishing drug trafficking, under which the total quantity of what is distributed, rather than the amount of pure drug involved, is used to determine the length of the sentence.” Id. This petition asks the Court to answer the question of whether the government may commingle substances that pose an identifiable danger of misidentification to produce an aggregate mixture or substance containing a detectable amount of a controlled substance that increases the minimum mandatory sentence under 21 U.S.C. § 841. A split exists between the Eleventh Circuit and the Florida Supreme Court on the issue of a defendant’s right to Due Process concerning the drug quantity findings that trigger a statutory minimum mandatory penalty. This Court should resolve the spilt in favor the standard delineated in Greenwade because it provides “a concise and simple rule for prosecutors, law enforcement officers, and courts to follow . . . support[ing] and enhance[ing] the clarity, transparency, and credibility of the evidence collection process and the criminal justice system as a whole.” Greenwade, 124 So. 3d at 228. 1