U.S. v. TREFT

No. 04-41721.

447 F.3d 421 (2006)

UNITED STATES, Plaintiff-Appellee, v. David Henry TREFT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 21, 2006.


Attorney(s) appearing for the Case

Arnold Augur Spencer, Tyler, TX, for U.S.

Donald Lee Bailey, Sherman, TX, for Treft.

Before HIGGINBOTHAM, DeMOSS and OWEN, Circuit Judges.


DeMOSS, Circuit Judge:

On June 1, 2004, a jury found David Henry Treft guilty of knowingly or intentionally manufacturing, distributing, or dispensing, or possessing with the intent to manufacture, distribute, or dispense, 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers in violation of 21 U.S.C. § 841(a)(1). The presentence investigation report ("PSR") recommended a base...

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