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U.S. v. AUGUST

Nos. 95-30220, 95-30224.

86 F.3d 151 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Dianne Marie AUGUST, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Daniel Valentino BADARACCO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 11, 1996.

Attorney(s) appearing for the Case

Kenneth Ricardo Perry, Portland, Oregon, for defendant-appellant Dianne Marie August.

Ellen C. Pitcher, Assistant Federal Public Defender, Portland, Oregon, for defendant-appellant Daniel V. Badaracco.

Johnathan S. Haub, Assistant United States Attorney, Portland, Oregon, for plaintiff-appellee United States of America.

Before: GOODWIN and SCHROEDER, Circuit Judges, and ARMSTRONG, District Judge.

ARMSTRONG, District Judge:

Dianne Marie August and Daniel V. Badaracco appeal their sentences of imprisonment, arguing that the district court miscalculated their guideline range under the United States Sentencing Guidelines ("U.S.S.G.") by improperly multiplying the estimated capacity of their methamphetamine laboratory to determine the amount of methamphetamine involved in their offenses. We find that the district court did not err, and affirm the sentences imposed...

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