Moreno

MEMORANDUM ***

Appellant Luis Andalón Moreno appeals the sentence imposed by the district court as a result of his plea of guilty to a single charge of conspiracy to distribute methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1) and 846. The amount of methamphetamine that Moreno had distributed was in dispute at the sentencing hearing and is the sole disputed issue in this appeal. One of Moreno’s co-conspirators, Lynda French, testified at the hearing that Moreno had sold her more than 5 pounds (2.27 kilograms) of methamphetamine over the course of their dealings, but, in previous interviews, French had estimated that the amount of methamphetamine she received from Moreno was substantially smaller.

The sentencing guidelines call for a base offense level of 34 when the amount of methamphetamine distributed is between 1.5 and 5 kilograms; the offense level is 32 if the amount is between 500 grams and 1.5 kilograms. U.S.S.G. § 201.1(c). Moreno, relying on French’s initial statements to investigators, claims that he distributed approximately 1.4 kilograms of methamphetamine and that his base offense level was therefore 32. The district court, however, chose to credit French’s…