United States v. Magallanez

McCONNELL, Circuit Judge.

This case presents yet another factual variation in the stream of Booker-related cases coming to this Court on plain error review. The defendant, Pete Magallanez, was convicted by a jury for conspiracy to possess with intent to distribute, and to distribute, methamphetamine in violation of 21 U.S.C. §§ 846, 841(a)(1). On special interrogatory, the jury attributed 50-500 grams of methamphetamine to him. At sentencing, however, the district court found 1200 grams of methamphetamine attributable to him and increased his sentence pursuant to the United States Sentencing…