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US v. Resinos, No. 10-1607

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By FindLaw Staff on October 21, 2010 10:13 PM

Methamphetamine Sentence Affirmed

In US v. Resinos, No. 10-1607, the court affirmed defendant's sentence for five counts of possession of methamphetamine with intent to distribute, holding that 1) the district court properly reached the 50-gram threshold of 18 U.S.C. section 841(b)(1)(A); and 2) because section 841(b)(1) established minimum sentences based on the amount of the specific substance "involv[ed]" in the violation of section 841(a), Jenkins II necessarily decided that the cash converted came entirely from the sale of cocaine base.

 

As the court wrote:  "Jil Antonio Resinos pled guilty to one of five counts of possession of
methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). The district court sentenced him to 120 months in prison, the mandatory minimum sentence based on its drug quantity calculation. He appeals, arguing that the court's calculation improperly aggregated amounts of meth derived from counts dismissed pursuant to the plea agreement. Having jurisdiction under 28 U.S.C. § 1291, this court affirms."

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