[DOWNLOAD] "United States v. Robichaud" by United States Court of Appeals for the Ninth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Robichaud
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 12, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
A. Robichaud pled guilty to possession with intent to distribute 448 grams of at least 29% pure methamphetamine, which converts to over 100 grams pure methamphetamine. U.S.S.G. § 2D1.1(c) (Nov. 1, 1989); cf. United States v. Alfeche, 942 F.2d 697, 698-99 (9th Cir. 1991). In determining the base offense level, the court must use "the offense level determined by the entire weight of the mixture or substance or the offense level determined by the weight of the pure PCP or methamphetamine, whichever is greater." U.S.S.G. § 2D1.1(c). Here, the pure weight results in the greater base offense level -- 32. Application Note 9 to section 2D1.1, on which Robichaud pins his argument, is relevant for departure, not for determination of the base offense level.