Please ensure Javascript is enabled for purposes of website accessibility
Don't miss
Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Criminal Law : Sentencing – Methamphetamine Conspiracy – Pseudoephedrine Purchases

Criminal Law : Sentencing – Methamphetamine Conspiracy – Pseudoephedrine Purchases

(1)Where a defendant in a methamphetamine case argued that he did not create a substantial risk to human life or the environment due to the rural location of the farm on which he was involved in the production of the drug, corroding tanks and three active labs created the danger of explosions and fire, and the conspirators, farm owners and officers risked harm, so the district court did not err in applying the relevant sentencing enhancement.

(2)Where a defendant and his girlfriend used and worked to get methamphetamine daily, it was reasonably foreseeable that she would buy pseudoephedrine from pharmacies even without him, so the district court did not err in attributing her purchases to him.

Judgment is affirmed.

U.S. v. Loesel (MLW No. 65426/Case No. 12-3543 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.) Appealed from U.S. District Court, Southern District of Iowa, Pratt, J. (David A. Cmelik, Cedar Rapids, Iowa, argued for appellant) (Clifford R. Cronk, Davenport, Iowa, argued for appellee).

Read the full text of this opinion. (PDF)