United States DC Circuit

District court correctly refused to exclude a quantity of crack cocaine from relevant conduct used to calculate a sentence, as U.S.S.G. section 2D1.1 Application Note 12 was inapplicable to defendant's case.

Appellate Information

• Argued 03/21/2003
• Decided 05/20/2003
• Published 05/20/2003

Judges

• Before:  GINSBURG, Chief Judge, and EDWARDS and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Howard B. Katzoff, appointed by the court, argued the cause and filed the brief for appellant.


• For Appellees:
  
• Mary G. Leary, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and John R. Fisher, Thomas J. Tourish, Jr.,Thomas C. Taylor, and Roderick L. Thomas, Assistant U.S. Attorneys.