United States Ninth Circuit

The district court's use of a preponderance of the evidence standard in making a drug quantity approximation is affirmed, but a sentence is vacated where the court erred in relying on a police laboratory report which contained calculations resting on unsupported assumptions.

Appellate Information

• Decided 12/26/2002
• Published 12/26/2002

Judges

• Before T.G. NELSON, GRABER, and FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Michael R. Levine, Assistant Federal Public Defender, Portland, OR, for the defendant-appellant., Michael W. Mosman, United States Attorney, and Frank Noonan, Assistant United States Attorney, District of Oregon, Portland, OR, for the plaintiff-appellee.