Sentence Reversed Based on Plain Error

U.S. v. Mendez, 2009 WL 921125 (4/7/09) (unpub'd) - Defendant's sentence reversed because the district court mistakenly applied a 60% purity ratio to calculate the marijuana equivalent for the methamphetamine. The lab report said the purity ratio was 41%. Reversal under the plain error standard was warranted because the error probably altered the final sentence.