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U.S. v. PEREZ DE DIOS

No. 00-1193.

237 F.3d 1192 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Gilberto PEREZ DE DIOS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 19, 2001.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Normando R. Pacheco, Denver, Colorado, for Defendant-Appellant.

Thomas L. Strickland, United States Attorney and James C. Murphy, Assistant United States Attorney, for Plaintiff-Appellee.

Before SEYMOUR, EBEL and BRISCOE, Circuit Judges.

EBEL, Circuit Judge.

This appeal presents two issues, one settled and the other not yet addressed in this Circuit. First, in a "reverse sting" by the police, is the defendant responsible, for the purpose of calculating drug quantity under the Guidelines, for the amount of drugs he agreed to buy from the seller-government agent, or is he responsible for only the amount of drugs actually contained in the "dummy" package? We are bound by United States Sentencing Guideline...

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