To be sure, Dr. Buffington testified that in some cases the production process would be unsuccessful and yield no methamphetamine. That it may have been difficult to produce a lot of methamphetamine or even impossible to succeed is of no moment.
See United States v. Jones, F. Given the evidence that Spooner and Spencer agreed to undertake a production process designed, according to both Agent Oliver and Spencer, to yield pure methamphetamine, a reasonable jury could easily find that the purpose of the agreement was to succeed in the production process.
Spooner next challenges the legality of his sentence on two grounds. First, he argues that the district court committed procedural error when it calculated his base offense level as though his conduct involved at least four grams of methamphetamine.
Second, he argues that the district court committed substantive error when it failed to adequately consider the 18 U. Gall v. The party challenging the sentence has the burden of establishing that the sentence was unreasonable.
Talley, F. We assess the reasonableness of a sentence in two steps. Gall, U. Assuming the sentence is procedurally sound, we will then consider the substantive reasonableness of the sentence, again under an abuse of discretion standard. Spooner first argues that the district court committed procedural error when it applied the base offense level for an offense involving at least four, but less than five, grams of actual methamphetamine. Singleton, F. Where, as here, the defendant challenges the drug quantity upon which the guideline range is based, the government bears the burden of establishing the disputed quantity by the preponderance of the evidence.
Almedina, F. Cases like this one in which no drugs are actually seized by law enforcement present challenges in resolving the disputed quantity.
In these cases, the district 3 The base offense levels for convictions involving methamphetamine range from 12 for crimes involving less than milligrams of actual methamphetamine to 38 for 1. The base offense level for convictions involving at least four grams but less than five grams of actual methamphetamine is Spooner argued to the district court that a base offense level of 12 should be applied because there was a lack of evidence from which the court could infer a higher amount.
Zapata, F. Polar, F. Spencer testified that he personally assisted Spooner in cooking methamphetamine approximately twenty times.
On each occasion, Spencer estimated that their production efforts yielded between eight and fourteen grams of methamphetamine, suggesting that the conspiracy involved at least grams.
The government also presented evidence at trial regarding the amount of pseudoephedrine purchases Spooner and Spencer made during the conspiracy. The evidence revealed that Spooner had purchased Click on the address to view a map. Lee Spooner has records at: United States. Lee Spooner has records at: , United States.
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The companies have been very vocal about their push to share more information about the requests, but these may be the strongest public remarks that the chief executives have made to date.
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You can put up to 3 URLs in your comments. Line breaks and paragraphs are automatically converted — no need to use or tags. They were exiled from England and Spain. Every European country blocked Jewish refugees fleeing for their lives from Nazi Germany.
The blood of Jews killed by Nazi Germany are really on the hands of all Europeans. The Jews in the city I came from were all exterminated by Nazi Germany. England, Ireland, Scotland all refused them entry. Britain just stopped trying to colonize the world in the past years. Europeans are basically still barbaric Neanderthals. If it was not for US help, Europe would be part of the Third Reich today, where their hatred of Jews would be more line with their history.
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