Possession of Ephedrine A "Drug-Trafficking" Crime under 924(c)(1); 322-month Sentence Reasonable

U.S. v. Rockey, 2006 WL 1520258 (6/2/06) - Possessing ephedrine is a "drug trafficking crime" under 18 USCA § 924(c)(1)(A), even though ephedrine is not a controlled substance. A "drug trafficking crime" includes any felony punishable under the Controlled Substances Act. The evidence was sufficient for 924(c) where the firearm was found in a bag with meth implements. It was okay to impose an enhancement for using the firearm in connection with a crime of violence even though the jury refused to find beyond a reasonable doubt in a special interrogatory that the defendant fired at an officer. As we all know too well, the sentencing standard of proof is only a preponderance standard. And, in this case, the jury did make a finding that the defendant created a serious risk of injury or death, presumably from waving the firearm. The defendant's 322 month sentence was reasonable even though he will spend the rest of his life in prison. The 10th agreed with the district court's explanation: "any sentence is potentially a life sentence, if you commit crimes as you get older."