The defendant is correct in arguing that it is improper for the court to use intent as an element in determining the weight of narcotics for sentencing purposes. The actual weight is the determining factor. United States v. Bryant, 987 F.2d 1225 (6th Cir. 1992); United States v. Normandeau, 800 F.2d 953 (9th Cir. 1986). "To illustrate how important relatively small differences in computation can be, a defendant's sentence, computed on the basis of an equivalency of 999.99 kilograms, would be eligible for a significantly lower sentence than a defendant who equates out to be being chargeable with 1,000 kilograms."
After all, we understandably defer to the Guideline's text, rather than its heading, when portions of the Guideline's text cut against the "interpretation" offered by the title. See United States v. Robinson , 152 F.3d 507, 510 (6th Cir. 1998) ; United States v. Bryant , 987 F.2d 1225, 1229 n.4 (6th Cir. 1992) ; United States v. Gresser , 935 F.2d 96, 102–03 (6th Cir. 1991). Nor, in any event, is Paauwe's reading of § 4B1.5's title heading consistent with traditional means for interpreting legal text.
A panel of this court concluded that a closer examination of the drug quantity was warranted, and the case was remanded for resentencing on that basis. United States v. Bryant, 987 F.2d 1225 (6th Cir. 1992). On remand, and with the benefit of an evidentiary hearing, the district court concluded that the attributable quantity was still such as to result in a guideline range of 168-210 months.
Judge Ater had the judicial integrity to admit his mistake in originally approving the warrants and affidavits. Although the judge's decision does not mention Leon in its legal analysis, we cannot assume that he was unaware of the case and its legal effect. Former Police Chief Ackison has been convicted of several violations of federal law, see United States v. Bryant (C.A.6, 1992), 966 F.2d 1454 (text in WESTLAW). Nevertheless, however bad the character or reputation of the target of a search warrant, compliance with the Fourth Amendment is not excused.