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U.S. v. MARSHALL

No. 04-2301.

432 F.3d 1157 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Michael MARSHALL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 23, 2005.

Attorney(s) appearing for the Case

David N. Williams, Assistant United States Attorney (David C. Iglesias, United States Attorney with him on the briefs), Albuquerque, NM, for Plaintiff-Appellee.

Joe M. Romero, Jr., Romero & Associates, (Jody Neal-Post with him on the briefs) for Defendant-Appellant.

Before KELLY, O'BRIEN and TYMKOVICH, Circuit Judges.

O'BRIEN, Circuit Judge.

Michael Marshall appeals from a sentence imposed after he pled guilty to possession with intent to deliver more than 50 grams of a substance containing methamphetamine. Under the United States Sentencing Guidelines (USSG), the "actual" amount of methamphetamine "refer[s] to the weight of [methamphetamine], itself, contained in the mixture or substance." USSG § 2D1.1(c), n.(B) (2003).1 At sentencing, over Marshall...

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