Section 2D1.1(b)(5) of the United State s Sentencing Guidelines provides that "[i]f (A) the offense involve d the importation of ... metham phetam ine or the man ufacture of ... metham phetam ine from liste d chem icals that the def endant knew were imported unlawfu lly, and (B) the defendant is not subject to an adjustme nt [for a mitigating role], increase by 2 levels." Although the text of the guideline provisio n clearly requires scien ter on the part of the defendant, the Fifth Circu it case law is an outlier which holds that such an increase applies even where the defendant has no scienter regardin g the source of the metham phetam ine. Sho uld this Court reso lve this circui t split and clarify whether scien ter is required before the two-level increase may be applied?

Whether scienter is required for the two-level increase under USSG § 2D1.1(b)(5) for the importation or manufacture of methamphetamine from unlawfully imported chemicals