United States v. Jesus Pimentel-Lopez

OPINION

KOZINSKI, Circuit Judge:

The jury in defendant’s criminal case made a special finding that the quantity of drugs involved was “less than 50 grams.” We consider whether the district judge may nevertheless calculate defendant’s sentence based on the judge’s finding that the quantity involved was far in excess of 50 grams.

FACTS

Defendant was convicted of possession of methamphetamine with intent to distribute and conspiracy to possess with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) and 846. The punishment for both of these crimes is determined by section 841(b), which sets…