UNITED STATES of America, Plaintiff-Appellee, v. Patrick INNIE, Defendant-Appellant

Patrick Innie appeals his sentence of nineteen years and seven months imposed by the district court after a jury convicted him on drug and firearm charges. For reversal, Innie argues the district court erred in determining that the 1993 Sentencing Guidelines Amendment to U.S.S.G. § 2D1.1, comment, (n.l) did not apply to him. We conclude the amendment should have been applied because the amendment merely clarified the existing guideline rule and because the Sentencing Commission specified the amendment was to be applied retroactively. We reverse and remand for resentencing.

I. BACKGROUND

In February 1989, Innie was arrested outside of a motel room. In his room, police officers found five containers containing methamphetamine liquid, as well as small amounts of methamphetamine and marijuana, drug-manufacturing paraphernalia, and two handguns. The methamphetamine liquid weighed 3,388 grams and had a purity level between 4% and 8%. The remainder of the liquid was a toxic waste-water substance that was to be removed during the methamphetamine manufacturing process.

Innie was charged with possessing with intent to distribute 3,388 grams of a “mixture or substance” containing…