Jerry Yeager v. City Water & Light

1The Honorable Laurie Smith Camp, United States District Judge for the
District of Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-4445
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United States of America, *
*
Plaintiff - Appellee, *
* Appeal from the United States
v. * District Court for the
* District of Nebraska.
Jozabet Castro-Garzon, *
* [UNPUBLISHED]
Defendant - Appellant. *
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Submitted: June 15, 2006
Filed: June 21, 2006
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Before BYE, LAY, and RILEY, Circuit Judges.
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PER CURIAM.
A jury found Jozabet Castro-Garzon guilty of conspiracy to distribute 500
grams or more of methamphetamine in violation of 21 U.S.C. § 846. At sentencing,
the district court 1 found Castro-Carzon accountable for fifteen kilograms or more of
methamphetamine. It thus sentenced him to 188 months, a five-year term of
supervised released, and ordered him to pay a $100 special assessment. Castro-
Garzon’s sole contention on appeal is the district court violated his Sixth Amendment

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right to jury trial by refusing to have the jury determine the quantity of
methamphetamine involved in the conspiracy.
Castro-Garzon’s claim is without merit. Under an advisory guidelines system,
the court’s determination of drug quantity for sentencing purposes by a preponderance
of the evidence does not violate the Sixth Amendment. See, e.g., United States v.
Tabor, 439 F.3d 826, 830 (8th Cir. 2006). Therefore, we affirm.
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