United States of America, Plaintiff-appellee, v. Joseph M. Whaley, Defendant-appellant, 955 F.2d 45 (6th Cir. 1992)

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US Court of Appeals for the Sixth Circuit - 955 F.2d 45 (6th Cir. 1992) Feb. 21, 1992

Before MILBURN and RYAN, Circuit Judges, and ZATKOFF, 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).

Joseph M. Whaley pleaded guilty to one count of aiding and abetting the distribution of LSD, in violation of 21 U.S.C. § 841(a) (1). The district court sentenced Whaley to a 151 month term of imprisonment and this appeal followed. The parties have briefed the issues and have agreed to waive oral argument.

Upon consideration, we find no merit to the appeal. Counsel for Whaley objects to the total weight of the LSD and its carrier medium (sugar cubes) being used to calculate Whaley's base offense level. This argument has been considered and rejected in previous decisions. Chapman v. United States, 111 S. Ct. 1919, 1927-29 (1991); United States v. Elrod, 898 F.2d 60, 61-63 (6th Cir.) (per curiam), cert. denied, 111 S. Ct. 104 (1990).

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

 *

The Honorable Lawrence P. Zatkoff, U.S. District Judge for the Eastern district of Michigan, sitting by designation