United States v. Hector Medrano, (Two Cases)

.ORDER

The government’s petition for rehearing in Case No. 91-50616 is granted.

The opinion filed February 16, 1993, 986 F.2d 299 , is withdrawn. A new opinion is filed with this order.

OPINION

■Hector Medrano was charged with one count of conspiracy to manufacture and distribute methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(a)(1); one count of distribution of methamphetamine, in violation of 21 U.S.C. § 841 (a)(1); and four counts of possession and distribution of ephedrine, a listed precursor chemical, “having reasonable cause to believe that [it] would be used in the manufacture of methamphetamine, in violation of 21 U.S.C. §§ 841 (d)(1) and 802(34)(C).” A jury convicted him on all counts. He was sentenced by United States District Judge Jack E. Tanner to 324 months imprisonment. Medrano appeals his convic tions on two of the four counts which charged him with possession and distribution of ephedrine for the manufacture of methamphetamine. He also appeals his sentence. We .have jurisdiction under 28 U.S.C. § 1291 . On the two contested counts of conviction, we affirm Medrano’s conviction on count five, but reverse his conviction on count six. As to count six,…