4. Which sentencing guideline will apply if I believed I was trafficking in a less potent dangerous drug, not the one in fact trafficked?
The Court may take this into account. However, the Court would still first consider the sentencing guidelines for the dangerous drugs actually trafficked and determine the starting point accordingly, and then apply a discount for the genuine mistaken belief held by the defendant.
If the defendant did not take any actual concern for the type of drug being trafficked, there is no discount.
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