6 F. App'x 498

UNITED STATES of America, Appellee, v. Lyle VEACH, Appellant.

No. 00-2795.

United States Court of Appeals, Eighth Circuit.

Submitted March 13, 2001.

Filed March 22, 2001.

Before RICHARD S. ARNOLD and FAGG, Circuit Judges, and MONTGOMERY,* District Judge.

PER CURIAM.

This case arises from a reverse sting operation. Lyle Veach agreed to purchase one pound of methamphetamine from a supplier so he could resell it. Unbeknownst to Veach, the supplier was a Government agent and the substance Veach bought was counterfeit rather than the real thing. Under a written plea agreement, Veach pleaded guilty to conspiracy to distribute over 500 grams of a substance containing methamphetamine. In deciding Veach’s base offense level at sentencing, the district court** included the pound of counterfeit methamphetamine. The district court sentenced Veach to 135 months of imprisonment and five years of supervised release. On appeal, Veach asserts that although he believed he was buying a pound of real methamphetamine, the fake *499pound should not have been included in deciding his base offense level. The district court correctly included the weight of the bogus drug based on Veach’s agreement to buy that amount of methamphetamine. See U.S.S.G. § 2D1.1 n. 12. We thus affirm Veach’s sentence.

United States v. Veach
6 F. App'x 498

Case Details

Name
United States v. Veach
Decision Date
Mar 22, 2001
Citations

6 F. App'x 498

Jurisdiction
United States

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