U.S. v. Ortiz

Dist. Ct. did not err in sentencing defendant to statutory minimum sentence of 120-month term of incarceration on charge of attempted possession with intent to distribute controlled substances. While defendant argues that his sentence was improper because Dist. Ct. included in relevant drug quantity calculation drugs that third-party intended to purchase for himself, record showed that defendant pleaded guilty to aiding and abetting third-party’s attempted possession with intent to distribute controlled substances. Thus Dist Ct. could properly include in instant drug calculation all drugs at issue in controlled purchase.