Nichol
United States v. Nichol
Opinion
Lead Opinion
MEMORANDUM **
Tyler Leroy Nichol (“Nichol”) appeals the 121-month sentence imposed after his conviction, following a jury trial, on one count of conspiracy to distribute 3, 4-Me-thylenedioxymethamphetamine (MDMA, Ecstasy) and Lysergic Acid Diethylamide (LSD) and on one count of distribution of a controlled substance to a person under twenty-one years of age. Lee Arthur Rice II (“Rice”) appeals the 84-month sentence imposed after his conviction, following a jury trial, on one count of conspiracy to distribute MDMA and LSD and on one count of maintaining a place for the purpose of distributing and/or using controlled substances. 1 We have jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 .
The district court did not err in using a 250 milligram (mg) weight per pill of MDMA to calculate the quantity of drugs attributable to each defendant. See U.S. Sentencing Guidelines Manual (“USSG”) § 2D1.1 cmt. 12 (2000). The district court correctly calculated drug quantity assessing the entire weight of the mixture containing a detectable amount of controlled substance, rather than only the weight of the actual controlled substance. See United States v. Crowell, 9 F.3d…