August

United States v. August

Good Law
86 F.3d 151·96 Daily Journal DAR 6705·1996 U.S. App. LEXIS 13825·96 Cal. Daily Op. Serv. 4136
United States Court of Appeals for the Ninth CircuitJune 11, 1996Nos. 95-30220, 95-30224California2,153 words

Opinion

Lead Opinion

Armstrong, J.

Dianne Marie August and Daniel V. Badaracco appeal their sentences of imprisonment, arguing that the district court miscalculated their guideline range under the United States Sentencing Guidelines (“U.S.S.G.”) by improperly multiplying the estimated capacity of their methamphetamine laboratory to determine the amount of methamphetamine involved in their offenses. We find that the district court did not err, and affirm the sentences imposed.

I. FACTS

On March 3, 1992, Drug Enforcement Administration (“DEA”) agents discovered a methamphetamine lab and three firearms while serving a federal search warrant at the appellants’ home on Boyd Street in Milwaukie, Oregon (“the Boyd Street lab”). Appellants were arrested during the search. Further investigation revealed that from 1988 to 1989, appellants operated methamphetamine labs at the residence of Bill Olson (“the Olson lab”) and at the residence of Rick and Sue Seaman, which was known as the “frog pond” (“the frog pond lab”).

Appellants were convicted of conspiracy to manufacture, possess with intent to distribute, and to distribute methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1) and 846, as well as multiple counts of…

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