United States Fifth Circuit

Under section 2D1.1 of the United States Sentencing Guidelines, for purposes of calculating an advisory sentencing range, quantities of a non-controlled substance should not be included to determine the offense level if a defendant meets his burden of establishing that he either did not have the intent to deliver or did not have the capability of delivering the agreed-upon quantity of the controlled substance.

Appellate Information

• Decided 01/31/2007
• Published 02/01/2007

Judges

• OWEN, Circuit Judge:, Before BARKSDALE, BENAVIDES and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Delonia Anita Watson (argued), John Preston Bradford, Asst. U.S. Atty., Fort Worth, TX, for U.S., Christopher Allen Curtis (argued), Fort Worth, TX, for Davis.