U.S. v. ASCH

No. 99-8005.

207 F.3d 1238 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Andrea ASCH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 29, 2000.


Attorney(s) appearing for the Case

Maynard D. Grant, Grant & Newcomb, Seattle, Washington, for the appellant.

David A. Kubichek, Assistant United States Attorney (David D. Freudenthal, United States Attorney with him on the brief), District of Wyoming, Casper, Wyoming, for the appellee.

Before LUCERO, Circuit Judge, HOLLOWAY, Senior Circuit Judge, and MURPHY, Circuit Judge.


LUCERO, Circuit Judge.

This case requires us to address, as a matter of first impression, whether a sentencing court, when determining the applicable sentencing range for an individual convicted of conspiracy to distribute and possess with intent to distribute controlled substances, can, under the United States Sentencing Guidelines and 21 U.S.C. § 841(b), include in its quantity calculations drugs possessed for personal consumption. Exercising jurisdiction pursuant...

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