United States v. Joshua R. Kilby
Court of Appeals for the Ninth Circuit
1Opinion of the Court
TASHIMA, Circuit Judge.
Defendant Joshua R. Kilby (“Kilby”) was convicted of conspiracy to distribute and possess with intent to distribute controlled substances in violation of 21 U.S.C. §§ 841 and 846. On appeal, Kilby argues that the evidence was insufficient to sustain his conviction. Kilby also appeals his sentence on three grounds, arguing that the district court erred in: (1) calculating the amount of 5-MEO-DIPT (“Foxy”) attributable to Kilby; (2) deciding the amount of MDMA (“Ecstasy”) attributable to Kilby; and (3) imposing an unreasonable sentence. We have jurisdiction pursuant to 18…
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