United States Ninth Circuit

Sentence for smuggling ten gallons of hypophosphorous acid into the United States in violation of 18 U.S.C. section 545, is vacated where the district court erred in calculating defendant's base offense level under section 2D1.11 pursuant to the cross-reference provision of section 2T3.1 because it resulted in defendant being punished for an offense of which he was not convicted.

Appellate Information

• Decided 02/18/2011
• Published 02/18/2011

Judges

• HOLLAND

Court

• United States Ninth Circuit

Counsel