United States v. Williams

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

At sentencing held February 6, 1996 both Defendant and the Government objected to certain proposed findings of the presentence investigation report, contesting whether the weight of the methamphetamine (actual) or the total weight of the mixture containing methamphetamine would operate to implicate the five (5) year mandatory minimum penalty under 21 U.S.C. § 841(b)(1)(B). The Court OVERRULED the objections and adopted the proposed findings and recommendations of the report. The Court found and concluded either measure of weight could trigger the…