United States v. Lyle Veach

U.S. Court of Appeals for the Eighth Circuit
United States v. Lyle Veach, 6 F. App'x 498 (8th Cir. 2001)

United States v. Lyle Veach

Opinion

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 *499 pound 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.

**

The Honorable Robert W. Pratt, United States District Judge for the Southern District of Iowa.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Lyle VEACH, Appellant
Status
Unpublished