Lo

I.

Factual and Procedural Background

A. The Offense

This case concerns two listed chemicals. One listed chemi- cal, 3,4-methylenedioxyphenyl-2-propanone (“MDP-2-P”) is used to manufacture the controlled substance 3,4- methylenedioxymethamphetamine (“MDMA” or “Ecstacy”). Ma huang is a plant that is also known as ephedra. Ma huang contains ephedrine, a listed chemical used in the manufacture of methamphetamine, a controlled substance.

In December 2001, an informant told a government agent that Lo previously had sold him precursor chemicals used to 5454 UNITED STATES v. LO manufacture a variety of controlled substances. Lo had sold the informant very large quantities of ephedrine pills, iodine products, and an oil base for Ecstasy. The informant pur- chased these chemicals and resold them for the purpose of manufacturing illegal drugs such as Ecstasy, speed, and “ice.”

This information prompted government agents to initiate a series of meetings with Lo, which the agents monitored. On January 7, 2002, Lo gave price quotes to the informant for bags of iodine and ephedrine barrels or bags. Lo said that he was having trouble bringing the ephedrine into the United…