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Dennis Sanders v. United States
Citations: 237 F.3d 184; 2001 U.S. App. LEXIS 391Docket: 2000
Court: Court of Appeals for the Second Circuit; January 10, 2001; Federal Appellate Court
Dennis Sanders appeals the denial of his motion to vacate his sentence under 28 U.S.C. § 2255 by the United States District Court for Connecticut. He was sentenced to a total of 123 months for firearm and narcotics offenses after pleading guilty to carrying a firearm related to drug trafficking and possession of cocaine base with intent to distribute. Sanders did not appeal his sentence directly and later argued that the district court lacked jurisdiction over the narcotics charge because cocaine base and crack cocaine are not listed as scheduled controlled substances. The court found Sanders' argument unpersuasive, clarifying that, under 21 U.S.C. § 802(6), a controlled substance is defined broadly and includes any drug derived from substances listed in the schedules. Cocaine, as outlined in Schedule II, includes any preparation containing it, thus encompassing cocaine base and crack cocaine, which are mixtures derived from coca leaves. The court cited prior rulings affirming that both substances fall under the definition of controlled substances in Schedule II. Ultimately, the court affirmed the district court's denial of Sanders' claim, ruling that it had jurisdiction over the narcotics count.