Vernell Moore v. United States
AdministrativeLaw Punishment JusticiabilityDoctri
Whether the District Court and Sixth Circuit erred in applying the 10:1 methamphetamine enhancement under U.S.S.G. §2D1.1 given potential constitutional and sentencing guideline disparities
QUESTION PRESENTED Whether both the District Court and Sixth Circuit erred in determining that the District Court was entitled to apply the 10:1 enhancement for methamphetamine (actual) recognized in U.S.S.G. §2D1.1 when the policy bases underlying the enhancement have eroded to the point that the continued ad hoc application of the enhancement by district courts continues to create a deluge of unwarranted and arbitrary sentence disparities in derogation of the intent of the Sentencing Guidelines and the concept of proportionality of punishment inherent in the Eight Amendment of the United States Constitution. ii