Ameline

United States v. Ameline

Good Law
United States Court of Appeals for the Ninth CircuitJune 1, 200502-30326California23,643 words

Opinion

Opinion

I.

Factual Background

Defendant Alfred Ameline pled guilty to knowingly con- spiring to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 846. The plea agreement approved by the court did not specify the quantity of methamphetamine involved, although at his change of plea hearing Ameline admitted that “some methamphetamine” was involved in the charged conduct. Ameline disputed the government’s asser- tion that the amount of methamphetamine attributable to him was one and one-half kilograms. 6352 UNITED STATES v. AMELINE The Presentence Report (PSR) prepared by the Probation Office attributed 1,079.3 grams of methamphetamine to Ame- line. That amount resulted in a base offense level of 32, after applying the drug equivalency table from the United States Sentencing Guidelines Manual (Guidelines) § 2D1.1(c). The probation officer’s conclusion as to drug quantities was based solely on the investigative reports the officer had reviewed, and the PSR contained a summary of the salient portions of the reports. A two-level enhancement was recommended pur- suant to § 2D1.1(b)(1) for possession of a firearm in connec- tion with the charged offense,…

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