Can a defendant who has pleaded guilty to a charge of possession of Class A drugs receive a reduced sentence based on the amount of drugs he took under a plea agreement?
MultiRegion, United States of America
The following excerpt is from U.S. v. Wilkins, 978 F.2d 717 (9th Cir. 1992):
Wilkins, relying on United States v. Fine, 946 F.2d 650 (9th Cir.1991) (holding that district court cannot rely on relevant conduct in dismissed counts of plea agreement when calculating a defendant's offense level), contends that the district court erred by treating the amount of drugs in the dismissed counts as relevant conduct for sentencing purposes.
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