U.S. v. O'BRYANT

No. 97-60221.

136 F.3d 980 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. John H. O'BRYANT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 3, 1998.


Attorney(s) appearing for the Case

Robert Henry Norman, Jackson, MS, for Plaintiff-Appellee.

Thomas M. Brahan, Aberdeen, MS, for Defendant-Appellant.

Before DAVIS, JONES and DENNIS, Circuit Judges.


EDITH H. JONES, Circuit Judge:

In this appeal O'Bryant challenges the district court's sentence predicated on drug weight of "methamphetamine." O'Bryant argues that the government did not establish that the drug was not l-methamphetamine, which carries a much shorter sentence because it is "a rather weak form of methamphetamine" that "is rarely seen and is not made intentionally, but rather results from a botched attempt to produce d-methamphetamine." U.S.S.G §...

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