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No. 8646553
United States Court of Appeals for the Ninth Circuit
United States v. Staten
No. 8646553 · Decided December 28, 2007
No. 8646553·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
December 28, 2007
Citation
No. 8646553
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Sue Ellen Staten appeals from the 63-month sentence imposed upon remand, following her guilty-plea conviction for conspiracy to manufacture methamphetamine, in violation of 21 U.S.C. § 846 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Staten contends that the district court erred by applying U.S.S.G. § 2Dl.l(b)(5)(B) to enhance her sentence because the evidence did not support the conclusion that the underlying offense created a substantial risk of harm. We disagree. The evidence presented at sentencing supported the district, court’s conclusion that there was a substantial risk of harm posed by the conspiracy. See U.S.S.G. § 2Dl.l(b)(5)(B) & cmt. n. 20(A). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Sue Ellen Staten appeals from the 63-month sentence imposed upon remand, following her guilty-plea conviction for conspiracy to manufacture methamphetamine, in violation of 21 U.S.C.
Key Points
01MEMORANDUM ** Sue Ellen Staten appeals from the 63-month sentence imposed upon remand, following her guilty-plea conviction for conspiracy to manufacture methamphetamine, in violation of 21 U.S.C.
02Staten contends that the district court erred by applying U.S.S.G.
03§ 2Dl.l(b)(5)(B) to enhance her sentence because the evidence did not support the conclusion that the underlying offense created a substantial risk of harm.
04The evidence presented at sentencing supported the district, court’s conclusion that there was a substantial risk of harm posed by the conspiracy.
Frequently Asked Questions
MEMORANDUM ** Sue Ellen Staten appeals from the 63-month sentence imposed upon remand, following her guilty-plea conviction for conspiracy to manufacture methamphetamine, in violation of 21 U.S.C.
FlawCheck shows no negative treatment for United States v. Staten in the current circuit citation data.
This case was decided on December 28, 2007.
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