United States Fifth Circuit

A conviction for conspiracy to possess with the intent to distribute drugs is affirmed over a claim of error that the court improperly calculated the weight of the 5000 pills resulting in a higher base level for the offense. The circuit court rejects defendant's reasoning and affirms the presumed per-pill weight the trial court used in its calculation.

Appellate Information

• Decided 04/30/2008
• Published 05/01/2008

Judges

• SOUTHWICK, Circuit Judge:, Before JOLLY, PRADO and SOUTHWICK, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John Richard Berry, James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S., Edward Matt Hennessy, DeGuerin, Dickson & Hennessy, Houston, TX, for Tushnet.