Dist.Ct. erred in sentencing defendant to 192-month term of incarceration on conspiracy to distribute methamphetamine charge, where said sentence was based on finding that methamphetamine involved in instant conspiracy met guideline definition of “ice” that was at least 80 percent methamphetamine. Although govt. was only required to show by preponderance of evidence that subject methamphetamine met 80 percent threshold, Ct. of Appeals rejected govt.’s proffered evidence from drug users, dealers and law enforcement officials that drugs associated with instant conspiracy appeared to be ice based on look, smell, effect or nomenclature, since said evidence logically could not distinguish between substances containing 79 and 80 percent methamphetamine. Moreover, govt. failed to produce any lab reports indicating purity of methamphetamine attributable to defendant. As such, defendant is entitled to new sentencing hearing.
