U.S. v. DALLAS

No. 00-1176.

229 F.3d 105 (2000)

UNITED STATES of America, Appellee, v. Richard A. DALLAS, Defendant-Appellant.

United States Court of Appeals, Second Circuit, August Term, 2000.

Decided: October 4, 2000.

Errata filed: November 13, 2000.


Attorney(s) appearing for the Case

Elizabeth D. Mann, Asst. Federal Public Defender, Burlington, VT (Alexander Bunin, Federal Public Defender, Burlington, VT, on the brief), for defendant-appellant.

David V. Kirby, Asst. U.S. Atty., Chief, Criminal Div., Burlington, VT (Charles R. Tetzlaff, U.S. Atty., Gary G. Shattuck, Asst. U.S. Atty., Burlington, VT, on the brief), for appellee.

Before: NEWMAN, WINTER, and SACK, Circuit Judges.


JON O. NEWMAN, Circuit Judge.

This appeal concerns the amount of narcotics to be counted in sentencing for a conspiracy offense where a portion of the quantity the defendant planned to sell was not narcotics. Specifically, the issue is whether a defendant who agreed to sell an additional six ounces of cocaine after two prior sales should have the six ounces included in his sentencing calculation even though he later decided to substitute flour for cocaine. Defendant...

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