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Guidelines Considerations There is no sentencing guideline governing the distribution of human growth hormone in violation of 21 U.S.C. § 333(f)(1). See Application Note 4, U.S.S.G. § 2N2.1. If the investigation has been able to establish a pattern of fraud and dishonesty in the acquisition and distribution of human growth hormone, then a compelling argument can be made that the most appropriate guideline is the fraud guideline, U.S.S.G. § 2F1.1. Under such circumstances, the fraud table should be used by referring to value of the drugs sold. See United States v. Cambra, 944 F.2d 752, 756 (9th Cir. 1991); see also United States v. Von Mitchell, 984 F.2d 338, 340 (9th Cir. 1993); United States v. Kelly, 993 F.2d 702, 704 (9th Cir. 1993). Moreover, application of U.S.S.G. § 2F1.1(b)(4) (2-level enhancement because the offense involved conscious or reckless risk of serious bodily injury) should be sought as matter of course. This is because human growth hormone is a potentially dangerous drug, which when used by adults can lead to diseases having significant mortality rates. Its misuse in adults poses a wide array of serious side effects, including significant cardiovascular disease, irreversible enlargement of the heart, and development of polyps and malignancies of the colon.
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