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U.S. v. HYDE

No. 91-3146.

977 F.2d 1436 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Charles HYDE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 9, 1992.

Attorney(s) appearing for the Case

H. Manuel Hernandez, Longwood, Fla., for defendant-appellant.

Timothy Quinlan, Asst. U.S. Atty., Orlando, Fla., for plaintiff-appellee.

Before TJOFLAT, Chief Judge, COX, Circuit Judge, and GODBOLD, Senior Circuit Judge.

TJOFLAT, Chief Judge:

Appellant Charles Hyde appeals the sentence he received for violating 21 U.S.C. § 841(d)(2) (1988), which criminalizes the possession or distribution of a "listed chemical," here phenylacetic acid, with knowledge that it would be used to manufacture a "controlled substance," here methamphetamine. Pursuant to U.S.S.G. § 2D1.1(a)(3) (Nov. 1, 1990), the district court scored Hyde's base offense level at 36 by calculating the amount of...

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