United States v. Well, No. 12-1430 (8th Cir. 2013)
Annotate this CaseDefendant was convicted of one count of conspiring to manufacture 50 grams or more of methamphetamine and seven counts of possessing pseudoephedrine with the intent to manufacture methamphetamine. On appeal, defendant challenged his convictions and sentence. The court held that the district court properly admitted the pseudoephedrine logs and certain portions of a special agent's testimony; the evidence was sufficient to establish that the conspiracy involved at least 50 grams of methamphetamine; because the government proved that defendants possessed pseudoephedrine, a listed chemical, with the intent to manufacture methamphetamine, his convictions for counts two through eight must stand; and the district court did not err in imposing a two-level enhancement for defendant's leadership role in the offense and in imposing a three-level enhancement for creating a substantial risk of harm to human life. Accordingly, the court affirmed the judgment.
Court Description: Criminal Case - conviction and sentence. District court did not abuse its discretion in admitting pseudoephedrine logs, as they constitute non-testimonial business records or in admitting special agent's testimony that purchase patterns of pseudoephedrine were consistent with manufacturing methamphetamine. Evidence was sufficient to convict of conspiracy to manufacture and to establish conspiracy involved at least 50 grams of methamphetamine. Proof of possession of pseudoephedrine, a listed chemical, was sufficient support convictions for possession with intent to distribute. District court did not err in imposing leadership role enhancement and enhancement for creating a substantial risk of harm to human life.
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