United States v. Ricky Lee Andrus

Appellant Ricky Lee Andrus challenges his sentence imposed under the Sentencing Guidelines for conspiracy to manufacture methamphetamine. He argues that he should have been accorded minor participant status and thus 'given a two-point reduction in his offense level. In his reply brief, Andrus also raises the claim that a criminal offense involving methamphetamine does not state an offense against the United States. We affirm the district court.

I. FACTUAL AND PROCEDURAL BACKGROUND

Andrus was arrested at his residence at Booth Kelly Road in Springfield, Oregon by officers executing a search warrant. The officers discovered a methamphetamine lab in his basement. Although the “cook” — or reaction — was over, officers did recover 13 pounds of methamphetamine sludge from the lab. Further, they seized 1,238 grams of methamphetamine from a co-defendant’s car parked in front of the residence. Other evidence adduced at trial showed the defendant’s prints on materials at another laboratory subsequently searched. Andrus pleaded guilty to the first count of a three-count indictment. That count charged him with conspiracy to manufacture, to possess with intent to distribute, and to…