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Fentanyl and 'fake pills': victims and prosecutors press for harsher guideline enhancements; defenders caution on mens rea removal
Summary
Prosecutors and victims urged clearer, stronger guideline penalties for fake pills and fentanyl distribution; defenders warned that eliminating mens rea risked unjust outcomes for unaware sellers and could undermine fairness.
WASHINGTON — A major portion of the Sentencing Commission's Oct. 12 hearing centered on enhancements that would increase sentences when defendants distribute counterfeit pills or fentanyl-laced products.
The Department of Justice's witnesses said the fake-pill market is deadly and difficult to police, and urged a workable enhancement that reaches higher-level distributors and manufacturers. Kimberly Sanchez, an assistant U.S. attorney in the Eastern District of California, told commissioners the current enhancement requires both proof of a defendant's mens rea and affirmative marketing that is often unavailable; the Department proposed a hybrid approach she said would hold higher-up distributors accountable while preserving due process.
Victim testimony…
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