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Criminal Law

: Tenth Circuit Blog

Sentence Reversed Based on Plain Error

By Shari Allison

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U.S. v. Mendez, 2009 WL 921125 (4/7/09) (unpub'd) - Defendant's sentence reversed because the district court mistakenly applied a 60% purity ratio to calculate the marijuana equivalent for the methamphetamine. The lab report said the purity ratio was 41%. Reversal under the plain error standard was warranted because the error probably altered the final sentence.

Full post as published by Tenth Circuit Blog on April 14, 2009 (boomark / email).

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