United States v. Bernier, No. 10-1637 (1st Cir. 2011)
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Defendant was convicted of conspiracy to possess with intent to distribute marijuana, 21 U.S.C. 841(a)(1), 846. The district court, relying on trial testimony and the PSI Report, attributed 26 kilograms of marijuana to the defendant, yielding a base offense level of 18. Combined with his criminal history category, this offense level produced a guideline sentencing range of 27 to 33 months. The court imposed a sentence of 27 months. The First Circuit affirmed. The district court evaluated testimony carefully and erred, if at all, on the side of caution, using conservative figures and low-end estimates; the ultimate drug quantity determination was not clearly erroneous.
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