Opinion
Case No. 2:02 CR 087-001 TS
December 8, 2003
MARY C. CORPORON, for Defendant,
CLARK A. HARMS, for United States
FINDINGS AND ORDER ESTABLISHING RELEVANT PSEUDOEPHEDRINE QUANTITIES
The above entitled matter came on for sentencing on December 8, 2003. The Honorable Ted Stewart, United States District Judge presided. Defendant Scott D. Hemsley was present and was represented by his attorney Mary C. Corporon. The United States was represented by Clark A. Harms, Special Assistant United States Attorney.
Based upon the motion of the United States, the stipulation thereto by Defendant, the Court's discussions with counsel, and good cause being shown, the Court makes and enters the following Findings:
1. A total of 2,145 tablets containing pseudoephedrine were found at the residence of Scott and Krystal Hemsley upon the execution of a search warrant on December 11, 2001.
2. The United States Probation Office correctly included this pseudoephedrine in relevant conduct calculations, pursuant to U.S.S.G. §§ 1B 1.3 and 2d 1.1, in determining the appropriate sentencing guidelines applicable to this defendant.
3. In the various plea agreements, various defendants and the government stipulated to a total quantity of pseodoephedrine derived from the tablets discovered on December 11, 2001, amounting to 583 grams, based upon information provided by the government.
4. In conducting further research and discovery, since the entry of the various guilty pleas in this matter, it has been discovered that the pseudoephedrine tablets recovered on December 11, 2001 actually contain 60mg of actual pseudoephedrine each.
5. The correct total of pseudoephedrine applicable as relevant conduct in this matter is 174.85 grams, which, pursuant to U.S.S.G. § 2D1.1, Application Note 10, Drug Equivalency Tables, is the equivalent of 1,748.50 kilograms of marijuana.
Based upon the foregoing Findings, the Court now makes and enters the following Order:
IT IS HEREBY ORDERED:
1. The correct total of pseudoephedrine applicable as relevant conduct in this matter is 174.85 grams, which, pursuant to U.S.S.G. § 201,1, Application Note 10, Drug Equivalency Tables, is the equivalent of 1,748.50 kilograms of marijuana.
2. The Pre-Sentence Report in this matter should be amended to reflect this correction in the actual amount of pseudoephedrine included as relevant conduct. DATED this day of 2003.