Chang

MEMORANDUM *

Thomas Chang was convicted by a jury of two counts of criminal conduct: (1) importation of 94.8 kilograms of a List I chemical, pseudoephedrine, into the United States from a place outside in violation of 21 U.S.C. § 957 (a)(1), 971, and 960(d)(6); and (2) knowingly facilitating the transportation of pseudoephedrine after importation, knowing that such importation had occurred contrary to law, in violation of 19 U.S.C. §§ 1484 , 1485 and 18 U.S.C. § 545 . Both offenses involved customs violations and were regulatory in nature. 1 Following *585 motions concerning the applicable sentencing guidelines, the district court sentenced Chang on Count 1 pursuant to the regulatory offense guideline, U.S.S.G. § 2D3.1, to fifteen (15) months in prison. On Count 2, the court determined, pursuant to the Guidelines’ Appendix A Statutory Index, that the customs taxes guideline, § 2T3.1(c), applied to Chang’s conviction, but that under the Section (c) cross reference provision of that guideline, Chang should be sentenced pursuant to the drug manufacturing guideline, § 2D1.11. Because the guideline sentence under § 2D1.11 was far higher than the statutory maximum for the offense of…