United States Seventh Circuit

Only usable or consumable mixtures or substances can be used in determining drug quantity under 21 U.S.C. section 841(b). District court erred by failing to exclude the unusable portion of a 825-gram solution generated during a thwarted attempt to produce methamphetamine; accordingly, defendant's sentence is vacated and remanded.

Appellate Information

• Argued 11/12/2003
• Decided 03/16/2004
• Published 03/16/2004

Judges

• BAUER, Circuit Judge., Before BAUER, MANION, and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Joseph C. Pedersen (argued), Office of the United States Attorney, Rockford, IL, for Plaintiff-Appellee., Gregory N. Dutch (argued), Montie, Youngerman & Dutch, Madison, WI, for Defendant-Appellant.