United States v. Dale R. Gurgiolo

OPINION OF THE COURT

GIBBONS, Chief Judge:

Dale R. Gurgiolo appeals from a judgment of sentence entered by the District Court of the Western District of Pennsylvania on July 11, 1989. The district court sentenced Gurgiolo to seven and a half years imprisonment on four counts of federal drugs violations, to which he had pleaded guilty. Gurgiolo now challenges this sentence on the grounds the district court misconstrued the Federal Sentencing Guidelines when it calculated the base offense level attributable to Schedule III substances. The government cross-appeals, arguing that the court…