Matthews

United States v. Matthews

Good Law
47 F. App'x 456
United States Court of Appeals for the Ninth CircuitSeptember 18, 2002No. 99-50692; D.C. No. CR-98-00034-RT-2California2,232 words

Opinion

Lead Opinion

MEMORANDUM *

Timothy Wayne Matthews appeals his 240-month sentence for manufacturing and possessing methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1) and 846, and his conviction for carrying a semiautomatic weapon during the drug offense, in violation of 18 U.S .C. § 924(c). Matthews pled guilty to the conspiracy, manufacturing, and possession charges. Matthews disputed, however, the amount of drugs for which he should be held accountable. He agreed with the government that the issue of drug quantity would be determined at trial of the § 924(c) charge. Matthews waived his right to a jury. At the conclusion of the trial, the court found Matthews guilty of the § 924(c) charge and specifically found beyond a reasonable doubt that Matthews should be held responsible for more than 100 grams of methamphetamine or more than 1 kilogram of mixture containing methamphetamine. We have jurisdiction under 18 U.S.C. §§ 3231 , 3742(a) and 28 U.S.C. § 1291 and we affirm both the § 924(c) conviction and the 240-month sentence.

Because Matthews did not raise in the district court any of the issues that he asserts in this appeal, we review for plain error. United States v. Antonakeas, 255…

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