Devereaux

MEMORANDUM **

A federal grand jury returned an indictment against Jennifer Lynn Devereaux charging her with conspiracy to distribute over 50 grams of methamphetamine, in violation of 21 U.S.C. § 846 , and possession of more than 50 grams of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . At the conclusion of the trial, Devereaux proposed a special verdict form that would require the jury to make a finding with respect to the mixture of the substance containing methamphetamine, as well as the amount of pure methamphetamine. The district court rejected Devereaux’s proposed special verdict form and instructed the jury to find the quantity of pure methamphetamine beyond a reasonable doubt. The jury convicted Devereaux on both counts. The jury determined that Devereaux was responsible for conspiring to distribute and for possession with intent to distribute 92.14 grams of pure methamphetamine. The district court sentenced her to 240-months imprisonment followed by ten years of supervised release.

On appeal, Devereaux contends that the district court improperly refused to give her proposed special verdict form. She also argues that…