Respondent was tested during competing in The Point Premium Root Beer International Cycling Classic, on July 26, 2007. The A sample as positive on September 20, 2006. The B sample was tested on October 3 and declared negative.
The Panel agrees with the Respondent's argument that proof of use without positive Lab results, i.e. a "non-analytical positive" such as we have here, is more difficult to prove. The Panel is acutely aware of the seriousness of the allegation which is being made and the
burden of proof which must be met. The Panel is comfortably satisfied that the totality of the evidence in this case clearly establish that Respondent has committed an anti-doping rule violation.
Findings and decision: Respondent shall be ineligible to compete for a perlod of two years, under the UCI ADR, beginning on the date of this decision, December 1, 2008. Mr. Leogrande shall be eligible to compete again on December 1, 2010. Results obtained during The Point Premium Root Beer International Cycling Classic and all subsequent results he obtained through the date of this decision. December 1, 2008, shall be disqualified, under the UCI ADR.
