Whether scienter is required before the two-level increase under Section 2D1.1(b)(5) of the United States Sentencing Guidelines may be applied

QUESTION PRESENTED Section 2D1.1(b)(5) of the United States Sentencing Guidelines provides that “lilf (A) the offense involved the importation of ... methamphetamine or the manufacture of ... methamphetamine from listed chemicals that the defendant knew were imported unlawfully, and (B) the defendant is not subject to an adjustment [for a mitigating role], increase by 2 levels.” Although the text of the guideline provision clearly requires scienter on the part of the defendant, the Fifth Circuit case law is an outlier which holds that such an increase applies even where the defendant has no scienter regarding the source of the methamphetamine. Should this Court resolve this circuit split and clarify whether scienter is required before the two-level increase may be applied?