Hall

MEMORANDUM **

Troy Dean Hall pleaded guilty to conspiracy to manufacture methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1) and 846. He received a sentence of 262 months, which he challenges as unreasonable. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Hall argues that, in determining the Sentencing Guidelines range, the district court erred in relying on an unproven factual assertion, that “the potential amount of meth manufacture was at least ten times the amount required for an offense level 38.” However, the Presentence Report, adopted by the district court, included a calculation that showed that 251 kilograms of methamphetamine, an amount at least ten times higher than the 15 kilograms required for an offense level of 38, could potentially have been manufactured using the phosphorus provided by Hall.

We are also not persuaded by Hall’s argument that the district court took into account sentencing enhancements that the Government did not prove. Although the court pointed out to Hall that he could have faced a fixed life term for his activities but for the Government’s decision not to pursue three sentence enhancements, there is no indication that the…

concurring:

I concur in the result.