U.S. v. JOHNSON

No. 03-30101.

357 F.3d 980 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Dale Alan JOHNSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 5, 2004.


Attorney(s) appearing for the Case

Daniel R. Wilson, Measure & Wilson, P.C., Kalispell, MT, for the defendant-appellant.

Carl E. Rostad, Assistant United States Attorney, Great Falls, MT, and Joshua S. Van de Wetering, Assistant United States Attorney, Missoula, MT, for the plaintiff-appellee.

Before BRUNETTI, T.G. NELSON, and GRABER, Circuit Judges.


OPINION

T.G. NELSON, Circuit Judge:

On October 26, 2002, Appellant Dale Alan Johnson ("Johnson") was convicted by a jury of possession with intent to distribute methamphetamine. During trial, Johnson moved for acquittal pursuant to Federal Rule of Criminal Procedure 29. The district court denied the motion. At sentencing, Johnson objected to the presentence investigator's base offense level calculation on the ground that it included approximately 80.9 grams...

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