Opinion
7:21-cr-7 (WLS)
06-28-2023
UNITED STATES, v. BARRY KIYA DAISE., Defendant.
ORDER
W. LOUIS SANDS, SR. JUDGE UNITED STATES DISTRICT COURT
On May 25, 2023, the Court continued the sentencing hearing that was scheduled to be held in this matter to further consider the implication of Defendant's Unobjected to Exhibit, the Declaration of Professor Neil K. Garg, (Doc. 132-1) which expounded upon the different types of stereoisomers of cocaine. (Doc. 138.) The Court continued the sentencing hearing because Defendant's Objection to being afforded a Career Offender Enhancement on the basis that the State of Georgia's definition of cocaine was overbroad relied heavily upon Professor Garg's scientific declarations.
The Court in conducting its own research encountered a similar case, Chamu v. United States AG, 23 F.4th 1325 (11th Cir. 2022.) The Parties are hereby ORDERED to submit, if they wish to, briefs within twenty-one (21) days of the entry of this Order about how Chamu might apply to the Defendant's objection in the instant case.
SO ORDERED,