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United States Ninth Circuit


US v. Kilby, 05-30112

A convicted for conspiracy to distribute and possess with intent to distribute controlled substances is affirmed over claims of insufficiency of the evidence, and a sentence vacated where the district court clearly erred in its guidelines calculation by using an insufficiently reliable method of approximating the amount of "Foxy" attributable to defendant.

Appellate Information

  • Argued 03/08/2006
  • Decided 04/07/2006
  • Published 04/07/2006

Judges

  • TASHIMA, Circuit Judge., Before FERNANDEZ, TASHIMA, and PAEZ, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellees:
  • James K. Ball, Manweiler, Manweiler, Breen & Ball, PLLC, Boise, ID, for the defendant-appellant., Alan G. Burrow, Assistant United States Attorney, Boise, ID, for the plaintiff-appellee.
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