United States First Circuit

Sentence for possession of chemicals with the intent to manufacture methamphetamine is remanded where the government conceded that the sentence needed recalculation under the appropriate Criminal History Category. While the court finds merit in defendant's argument that the government should isolate and separately weigh the chemicals or demonstrate the inability to do so, the district court did not commit plain error in approximating the actual weight of the precursor components, thus no remand on that issue is required.

Appellate Information

• Decided 05/16/2007
• Published 05/16/2007

Judges

• YOUNG, District Judge., Before LYNCH and HOWARD, Circuit Judges, and YOUNG, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Todd A. Bussert for appellant.


• For Appellees:
  
• Cynthia A. Young, Assistant U.S. Attorney, with whom Michael J. Sullivan, United States Attorney, and Paul G. Casey, Assistant U.S. Attorney, were on brief, for appellee.