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U.S. v. LOPES-MONTES

No. 96-50481.

165 F.3d 730 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Humberto LOPES-MONTES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 15, 1999.

Attorney(s) appearing for the Case

Robert K. Steinberg, Los Angeles, California, for the defendant-appellant.

Jerome H. Friedberg, Assistant United States Attorney, Los Angeles, California, for the plaintiff-appellee.

Before: ALEX KOZINSKI and ANDREW J. KLEINFELD, Circuit Judges, and OWEN M. PANNER, District Judge.

KOZINSKI, Circuit Judge:

We consider the appropriate method for determining the quantity of drugs under United States Sentencing Guideline § 2D1.1.

I

Humberto Lopes-Montes conspired to sell about 15 pounds (6.8 kilograms) of methamphetamine to a confidential government informant. The day before his arrest, Lopes-Montes displayed to the informant approximately half of the negotiated amount of methamphetamine...

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