United States v. Hodge, 321 F.3d 429 (3d Cir. 2003)
APPEALS COURT THROWS OUT FEDERAL CONVICTION FOR SALE OF FAKE CRACK COCAINE
Client convicted and sentenced to eleven years imprisonment in federal court for possession with intent to distribute a controlled substance analogue. Client sold candle wax to an undercover officer claiming it to be crack cocaine. The government convicted on the basis that this was a violation of the statute prohibiting the sale of controlled substance analogue. Client hired Criminal Defense attorney Della Fera to argue the appeal. Della Fera researched the statute’s legislative history and argued that the intent of Congress in enacting the law was not to criminalize the sale of counterfeit controlled substances but instead was meant to criminalize the sale of so-called “designer drugs.” The court agreed and vacated the conviction and the client was freed from custody and his civil rights fully restored.