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U.S. v. RICHARDS

No. 94-4052.

87 F.3d 1152 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Larry D. RICHARDS, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 28, 1996.

Attorney(s) appearing for the Case

Wayne T. Dance, Assistant United States Attorney, Scott M. Matheson, Jr., United States Attorney, Salt Lake City, Utah, for Plaintiff-Appellant.

Loni F. DeLand, McRae & DeLand, Salt Lake City, Utah, for Defendant-Appellee.

Before SEYMOUR, Chief Judge, and PORFILIO, ANDERSON, BALDOCK, BRORBY, EBEL, KELLY, HENRY, BRISCOE, LUCERO, and MURPHY, Circuit Judges.

ON REHEARING EN BANC

BALDOCK, Circuit Judge.

This case requires us to determine whether a combination of liquid by-products and methamphetamine constitute a "mixture or substance containing a detectable amount of methamphetamine" for purposes of sentencing under 21 U.S.C. § 841(b). Applied to the facts, we must decide whether thirty-two kilograms of liquid by-products containing methamphetamine, or twenty-eight...

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