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U.S. v. KILBY

No. 05-30112.

443 F.3d 1135 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Joshua R. KILBY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 7, 2006.

Attorney(s) appearing for the Case

James K. Ball, Manweiler, Manweiler, Breen & Ball, PLLC, Boise, ID, for the defendant-appellant.

Alan G. Burrow, Assistant United States Attorney, Boise, ID, for the plaintiff-appellee.

Before FERNANDEZ, TASHIMA, and PAEZ, Circuit Judges.

TASHIMA, Circuit Judge.

Defendant Joshua R. Kilby ("Kilby") was convicted of conspiracy to distribute and possess with intent to distribute controlled substances in violation of 21 U.S.C. §§ 841 and 846. On appeal, Kilby argues that the evidence was insufficient to sustain his conviction. Kilby also appeals his sentence on three grounds, arguing that the district court erred in: (1) calculating the amount of 5-MEO-DIPT ("Foxy") attributable to Kilby; (2...

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