(DOWNLOAD) "United States v. Vasquez" by United States Court of Appeals for the Tenth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Vasquez
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 19, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The Defendant-Appellant, Ralph Vasquez ("Vasquez"), appeals the district courts determination of his base offense level under United States Sentencing Guideline ("U.S.S.G.") §2D1.1(c)(4) for conspiring to distribute 1.3608 kilograms (three pounds) of a mixture or substance containing a detectable amount of methamphetamine, in violation of 21U.S.C. §Â§846 and 841(b)(1)(B). On appeal, Vasquez argues that the district court erred in determining his base offense level due to that courts misapplication of U.S.S.G. §2D1.1, Application Note 12 ("Note 12"), regarding the quantity of controlled substance to be used in determining the offense level for an offense involving an agreement to sell a controlled substance. Vasquez argues that under Note 12, the additional two pounds of methamphetamine that Charlie Rose ("Rose"), a co-defendant, and Vasquez agreed to deliver should not have been considered in determining Vasquezs base offense level because Vasquez was not reasonably capable of providing the additional two pounds due to his imminent arrest. For the reasons discussed below, we AFFIRM the sentence imposed by the district court.