Unpublished Dispositionunited States of America, Plaintiff-appellee, v. Lorenzo Welch, Defendant-appellant, 933 F.2d 1010 (6th Cir. 1991)

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U.S. Court of Appeals for the Sixth Circuit - 933 F.2d 1010 (6th Cir. 1991) May 28, 1991

Before RALPH B. GUY, Jr. and RYAN, Circuit Judges, and JOINER, Senior District Judge.* 

ORDER

This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

Lorenzo Welch was convicted of two counts of possession with the intent to distribute Schedule II substances, in violation of 21 U.S.C. § 841(a) (1). The district court sentenced Welch to a forty-one (41) month term of imprisonment and this appeal followed. All parties to the appeal have agreed to waive oral argument.

Upon consideration, we find that there is no reversible error in the case on review. Welch contends that, as the drugs he possessed (talwin and dilaudid) were in pharmacological form, only the ascertainable weight of the drug and not the gross weight of each tablet should have been considered in sentencing. We find this argument to be without merit. See, e.g., United States v. Lazarchik, 924 F.2d 211, 214 (11th Cir. 1991) (and cases cited therein).

Accordingly, the district court's judgment is affirmed. Rule 9(b) (3), Rules of the Sixth Circuit.

 *

The Honorable Charles W. Joiner, Senior U.S. District Judge for the Eastern District of Michigan, sitting by designation