United States v. David Henry Treft

I join the court’s opinion regarding its disposition of the Sixth Amendment and “safety valve” issues. I additionally agree that based on binding precedent in this circuit, the district court properly calculated the amount of methamphetamine attributable to Treft in imposing the minimum statutory sentence of ten years under 21 U.S.C. § SJRbXlXAXviii).1 However, I write separately because I respectfully suggest that the court, en banc, should reconsider its construction of 21 U.S.C. § 841 (b)(l)(A)(viii) and its interpretation of the Supreme Court’s decision in Chapman v. United States.2 How…