United States v. Jose Luis Reyes-Montoya

26 F.3d 135 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis REYES-MONTOYA, Defendant-Appellant. No. 91-50772. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 6, 1994. Decided May 25, 1994. 1 Before: BROWNING, and FLETCHER, Circuit Judges, and FITZGERALD, District Judge. * 2 MEMORANDUM ** 3 The district court did not err in calculating Reyes' offense level based on the 300 kilograms Garcia initially agreed to purchase rather than the 49.7785 kilograms actually delivered. "[T]he offense level for a conspiracy is determined by the amount that a defendant conspired to sell and not by the amount ultimately sold," U.S. v. Alvarez-Cardenas, 902 F.2d 734, 736 (9th Cir.1990). Under U.S.S.G. Sec. 1B1.3, comment. (n. 1) (1990), an individual conspirator's sentence must be set "on the basis of the quantity of drugs which he reasonably foresaw or which fell within 'the scope' of his particular agreement…