Gesamter Gesetzestext
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 92-2562
UNITED STATES OF AMERICA,
Plaintiff-Appellant,
VERSUS
NHAN KIEM TRAN,
Defendants-Appellants.
Appeal from the United States District Court
for the Southern District of Texas
(CR-H-89-0135-01 & 02)
(November 16, 1993)
Before JOHNSON, WIENER, and DeMOSS, Circuit Judges.
PER CURIAM:
Having reviewed Appellant's petition for rehearing, we are of
the opinion that the ground upon which he relies is without merit.
United States v. Hoster, 988 F.2d 1374 (5th Cir. 1993) and United
States Sentencing Guidelines § 2D1.11 have no application to this
case; unlike the district court in Hoster, the district court here
never converted the precursor chemical piperonal into anything.
The court simply used the receipts for piperonal as reliable
evidence of how much MDA was producible from the Trans' conspiracy.
The Petition for Rehearing, therefore, is DENIED.
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