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U.S. v. EVANS

No. 89-1758.

891 F.2d 686 (1989)

UNITED STATES of America, Appellee, v. Mackel Earl EVANS, Kenneth Wayne Hinds, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided December 14, 1989.

Attorney(s) appearing for the Case

Matthew Horan, Fort Smith, Ark., and Jenniffer Morris Horan, Fayetteville, Ark., for appellants.

William M. Cromwell, Fort Smith, Ark., for appellee.

Before FAGG, Circuit Judge, HENLEY, Senior Circuit Judge, and BEAM, Circuit Judge.

FAGG, Circuit Judge.

Mackel Earl Evans and Kenneth Wayne Hinds appeal their sentences for manufacturing methamphetamine in violation of 21 U.S.C. § 841(a)(1) (1982). Evans and Hinds contend the district court committed error in arriving at their base offense level by using an approximation of the amount of methamphetamine they were capable of producing with the chemicals seized from their drug laboratory. See U.S.S.G. § 2D1.1(a)(3) (Oct.1987). We...

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