U.S. v. Yates

Co-defendants appealed their sentences following convictions for conspiracy to distribute methamphetamine. Defendants argued on appeal that the government failed to meet its burden of proving purity of the entire amount of methamphetamine and that the trial court improperly relied on statements of a co-conspirator to calculate total drug weight. The Seventh Circuit vacated the sentence of one of the co-defendants finding a lack of reliable evidence regarding the approximation of weight and affirmed the second co-defendant’s sentence. (WOOD and SCUDDER, concurring)