United States v. Hardin

DeMOSS, Circuit Judge:

We recall the mandate, withdraw the opinion filed on December 29, 2005, and substitute the following:

Daniel Vernon Hardin, Jr. pleaded guilty to a one-count indictment for the attempt to manufacture an unspecified amount of methamphetamine and appeals his sentence on the grounds that the district court erred: (1) in denying Hardin’s request for appointment, under the Criminal Justice Act (the “CJA”), 18 U.S.C. § 3006A(e), of an expert to testify at sentencing, and (2) in including “bones,” a byproduct of methamphetamine production, in the drug quantity attributable to…