U.S. v. SMITH

No. 00-3321.

264 F.3d 1012 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. John P. SMITH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 29, 2001.


Attorney(s) appearing for the Case

Michael Lewis Harris, Assistant Federal Public Defender, Kansas City, KS, for Defendant-Appellant.

Robin D. Fowler, Assistant United States Attorney (Jackie N. Williams, United States Attorney, and Nancy Landis Caplinger, Assistant United States Attorney, with him on the brief), Topeka, KS, for Plaintiff-Appellee.

Before EBEL, HOLLOWAY and LUCERO, Circuit Judges.


EBEL, Circuit Judge.

Defendant-Appellant John Smith pleaded guilty to possession of pseudoephedrine, one of the ingredients that may be used to make methamphetamine, and was sentenced under the guideline for attempt to manufacture methamphetamine. He argues that there was insufficient evidence that he had attempted to manufacture methamphetamine. We uphold the district court's finding and therefore AFFIRM.

BACKGROUND

The underlying facts in this...

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