U.S. v. PIMENTEL-LOPEZ

No. 14-30210.

828 F.3d 1173 (2016)

UNITED STATES of America, Plaintiff-Appellee v. Jesus PIMENTEL-LOPEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 15, 2016.


Attorney(s) appearing for the Case

Timothy M. Bechtold (argued), Bechtold Law Firm, PLLC, Missoula, Montana, for Defendant-Appellant.

Zeno B. Baucus (argued) and Michael S. Lahr , Assistant United States Attorneys; Michael W. Cotter , United States Attorney; United States Attorney's Office, Helena, Montana; for Plaintiff-Appellee.

Before: Alex Kozinski, William A. Fletcher and Raymond C. Fisher, Circuit Judges.


OPINION

The jury in defendant's criminal case made a special finding that the quantity of drugs involved was "less than 50 grams." We consider whether the district judge may nevertheless calculate defendant's sentence based on the judge's finding that the quantity involved...

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