United States v. Chike O. Obi, 947 F.2d 1031 (2d Cir. 1991). · Go Syfert
United States v. Chike O. Obi, 947 F.2d 1031 (2d Cir. 1991). Cases Citing This Book View Copy Cite
24 citation events (11 in the last 25 years) across 9 distinct courts.
Strongest positive: Bonaparte v. United States (nysd, 2023-12-14)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (rule) Bonaparte v. United States
S.D.N.Y. · 2023 · confidence medium
United States v. Helm, 58 F.4th 75 , 89 (2d Cir. 2023) (citing United States v. Obi, 947 F.2d 1031, 1032 (2d Cir. 1991) (rejecting a defendant’s argument that the district court’s Guidelines calculation for the importation of heroin was erroneous because the defendant “contended that he believed he was smuggling cocaine rather than heroin”; the defendant knew that he was committing a narcotics violation, which was sufficient to justify the district court’s inclusion of the heroin’s weight in its Guidelines calculation)).
discussed Cited as authority (rule) United States v. Helm (2×) also: Cited "see"
2d Cir. · 2023 · confidence medium
In United States v. Obi, we held that when a defendant believed he was trafficking cocaine rather than heroin, the district court properly considered the full quantity of heroin that the defendant had attempted to smuggle by swallowing forty-three drug balloons. 947 F.2d 1031, 1032 (2d Cir. 1991); see also United States v. Castrillon, 376 F.3d 46, 47 (2d Cir. 2004) (“[O]ur prior caselaw hold[s] 21 that a defendant need not know the type or quantity of drugs when he is in direct possession of them as part of a conspiracy.”).
discussed Cited as authority (rule) Sierra v. Commonwealth
Va. Ct. App. · 2012 · confidence medium
Indeed, “it is well-settled that to sustain a conviction for possession with intent to distribute a controlled substance, it need not be proved that the defendant had knowledge of the particular drug involved, as long as he knew he was dealing with a controlled substance.” United States v. Gomez, 905 F.2d 1513, 1514 (11th Cir.1990) (defendant mistakenly believed he was possessing marijuana instead of cocaine); see also United States v. Collado-Gomez, 834 F.2d 280, 280 (2d Cir.1987) (per curiam) (noting that although 21 U.S.C. § 841 (a) “require[s] the government to prove that a defendan…
discussed Cited as authority (rule) Pitcher v. United States
E.D.N.Y · 2005 · confidence medium
“The government needed only to prove that: i) the drug imported was heroin and ii) the defendant had the intent to import any controlled substance.” Id. at 121 , citing United States v. Obi, 947 F.2d 1031, 1032 (2d Cir.1991) and United States v. Collado-Gomez, 834 F.2d 280, 280-81 (2d Cir.1987). 9 (8) Petitioner’s current petition was filed on June 26, 2003.
discussed Cited as authority (rule) United States v. Hussein
1st Cir. · 2003 · confidence medium
And, finally, it wanted judges to have maximum flexibility in sentencing, Davis, 656 F.2d at 159 , and violators to “run the risk of sentencing enhancements concerning other circumstances surrounding the crime,” United States v. Obi, 947 F.2d 1031, 1032 (2d Cir.1991).
discussed Cited as authority (rule) United States v. Barbosa (2×)
3rd Cir. · 2001 · confidence medium
In affirming the heavier sentence based upon heroin, the court stated that "narcotics violators run the risk of sentencing enhancements concerning other circumstances surrounding the crimes." 947 F.2d 1031, 1032 (2d Cir. 1991) (per curiam).
discussed Cited as authority (rule) United States v. Luis Humberto Barbosa (2×)
3rd Cir. · 2001 · confidence medium
In affirming the heavier sentence based upon heroin, the court stated that “narcotics violators run the risk of sentencing enhancements concerning other circumstances surrounding the crimes.” 947 F.2d 1031, 1032 (2d Cir.1991) (per curiam).
discussed Cited as authority (rule) United States v. Barbosa
E.D. Pa. · 1999 · confidence medium
See United States v. Valencia-Gonzales, 172 F.3d 344, 345-46 (5th Cir.1999) (holding that a defendant who believed he sold cocaine was properly sentenced under the higher heroin penalty because drug dealers assume the risk of what kinds and amounts of controlled substances they carry); United States v. Strange, 102 F.3d 356, 361 (8th Cir.1996) (holding that a defendant who believed he was carrying marijuana was properly sentenced under higher cocaine penalty); United States v. Salazar, 5 F.3d 445, 446 (9th Cir.1993). (holding that cocaine, like marijuana, is a controlled substance and regardle…
discussed Cited as authority (rule) United States v. Richard H. Strange, United States of America v. Charles A. Zamorano
8th Cir. · 1996 · signal: cf. · confidence medium
Cf. United States v. Obi, 947 F.2d 1031, 1032 (2d Cir.1991)(per curiam)(“Con-gress, for purposes of deterrence, intended that narcotics violators run the risk of sen-fencing enhancements concerning other circumstances surrounding the crime.”).
discussed Cited as authority (rule) United States v. Richard H. Strange
8th Cir. · 1996 · signal: cf. · confidence medium
Cf. United States v. Obi, 947 F.2d 1031, 1032 (2d Cir. 1991)(per curiam)("Congress, for purposes of deterrence, intended that narcotics violators run the risk of sentencing enhancements concerning other circumstances surrounding the crime.").
discussed Cited as authority (rule) United States v. Ana Marin De Velasquez (2×) also: Cited "see"
2d Cir. · 1994 · confidence medium
See, e.g., Ekwunoh, 12 F.3d at 369 (defendant thought she possessed 400 grams of heroin instead of one kilogram); Imariagbe, 999 F.2d at 707 (defendant thought his briefcase contained 400 grams of heroin instead of 850 grams); Obi, 947 F.2d at 1032 (defendant thought he was importing cocaine rather than heroin); Collado-Gomez, 834 F.2d at 281 (defendant thought he was dealing heroin instead of crack cocaine); United States v. Normandeau, 800 F.2d 953, 955-56 (9th Cir.1986) (defendants thought they were importing less than 1,000 pounds of marijuana).
cited Cited as authority (rule) United States v. Joaquin Palacio, Also Known as Ruben Zapata
2d Cir. · 1993 · confidence medium
See also Jackson, 968 F.2d at 163 ; United States v. Obi, 947 F.2d 1031, 1032 (2d Cir.1991); United States v. Pineda, 847 F.2d 64, 66 (2d Cir.1988).
cited Cited as authority (rule) United States v. Ricardo Remigio Vazquez, Roberto Elias Mendez, Leonard Lizalde, A/K/A Lenny, Juan Jose Rivas-Dias, Manual Recio
9th Cir. · 1992 · confidence medium
United States v. Obi, 947 F.2d 1031, 1032 (2nd Cir.1991); United States v. Fuentes-Moreno, 895 F.2d 24, 27 (1st Cir.1990).
discussed Cited "see" United States v. Pitcher
2d Cir. · 2001 · signal: see · confidence high
See United States v. Obi, 947 F.2d 1031, 1032 (2d Cir.1991) (per curiam) (holding that defendant’s claim that he thought he was importing cocaine when he was actually importing heroin was irrelevant); United States v. Collado-Gomez, 834 F.2d 280, 280-81 (2d Cir.1987) (per curiam) (holding enhanced penalty for possession of crack is applicable whether or not defendant knew the nature of the controlled substance).
discussed Cited "see" United States v. Michael T. McHugh (2×)
2d Cir. · 1997 · signal: see · confidence high
See United States v. Obi 947 F.2d 1031, 1032 (2d Cir.1991).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Chike O. OBI, Defendant-Appellant
340, Docket 91-1200.
Court of Appeals for the Second Circuit.
Oct 30, 1991.
947 F.2d 1031
1991 U.S. App. LEXIS 26395
1991 WL 218358
Leonard J. Levenson, New York City, for defendant-appellant., Mark S. Cohen, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y. (Andrew J. Malo-ney, U.S. Atty., Alan Vinegrad, Asst. U.S. Atty., of counsel), for appellee.
Timbers, Winter, Walker.
Cited by 17 opinions  |  Published
PER CURIAM:

Chike O. Obi appeals from a judgment of conviction after his plea of guilty to one count of importation of heroin in violation of 21 U.S.C. §§ 952(a), 960(a)(1), 960(b)(3) (1988), and 18 U.S.C. §§ 3551, et seq. (1988).[*1032] Appellant was sentenced to thirty-three months imprisonment, three years of supervised release and a fifty dollar special assessment.

Appellant contends that the district court erroneously set his base offense level. The presentence report determined that the weight of the heroin imported was 250 grams. The base offense level was, therefore, initially set a,t 26, pursuant to Guidelines’ Section 2D1.1(a)(3). Further adjustments brought the level down to 20, which provided for a sentencing range of thirty-three to forty-one months. Obi claims this level is erroneous because he believed he was trafficking in cocaine rather than heroin at the time of the offense. We disagree.

At his plea allocution, Obi admitted that he swallowed forty-three balloons of heroin. Immediately thereafter, he referred to the contents of the balloons as “[a] drug.” At his sentencing, Obi contended that he believed he was smuggling cocaine rather than heroin.

The district court correctly determined the base offense level according to the offense of conviction — unlawful importation of heroin into the United States. See U.S.S.G. § lB1.2(a). In United States v. Falu, 776 F.2d 46 (2d Cir.1985), we rejected a due process challenge to the “schoolyard statute,” 21 U.S.C. § 845a (1988), which provides for enhanced penalties for distributing drugs within 1000 feet of a school. Falu held that a defendant may be subject to the enhanced penalties whether or not he or she had knowledge of the proximity of a school. Id. at 49-50. We noted that this interpretation of section 845a(a) does not criminalize otherwise innocent conduct “since the statute incorporates section 841(a)(1), which already contains a mens rea requirement [for the distribution of narcotics].” Id. at 50. Similarly, we have held that an enhanced statutory penalty for possession of crack may be applied whether or not the defendant knew of the nature of the controlled substance, see United States v. Collado-Gomez, 834 F.2d 280 (2d Cir. 1987), cert. denied, 485 U.S. 969, 108 S.Ct. 1244, 99 L.Ed.2d 442 (1988), and that statutory provisions varying sentences according to quantities of narcotics may be applied whether or not the defendant knew of the quantity involved, see United States v. Pineda, 847 F.2d 64 (2d Cir.1988).

The reasoning of these decisions is that the mens rea requirement concerning the possession of a controlled substance satisfies due process concerns and that Congress, for purposes of deterrence, intended that narcotics violators run the risk of sentencing enhancements concerning other circumstances surrounding the crime. That reasoning applies here.

Affirmed.