Wednesday, June 08, 2005

No Booker error in meth case

U.S. v. Dalton, 2005 WL 1283850 (6/1/05) - The d.ct.'s determination of the amount of meth to be counted for offense level purposes was not clearly erroneous given the vague testimony of a co-defendant, the possession of meth-making ingredients, a ledger indicating how much drug money was owed the defendant and the defendant's letter setting forth his meth recipe. The 4th plain error prong for constitutional error was not met because the d.ct. sentenced the defendant at the highest end of the guideline range [so it's unlikely the d.ct. would sentence the defendant to a lower sentence under an advisory scheme], there was evidence to support the drug amount calculation and the d.ct. indicated it considered the 3553(a) factors when it imposed sentence.

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