What factors are used to determine whether a drug dealer has been convicted of a charge of conspiracy to distribute cocaine and what is the appropriate sentencing range for that charge?

The fourth factor -- whether the enhancement is based on the extent of a conspiracy -- is based on United States v. Harrison-Philpot, 978 F.2d 1520 (9th Cir. 1992). In that case the defendant was convicted of seven counts of distributing a total of 67 grams of cocaine and one count of conspiracy to distribute cocaine. Id. at 1522. The offense level for that quantity of cocaine, in light of the defendant's criminal history category, resulted in a Guideline range of 41-51 months. The district court found that the defendant conspired to distribute between 15 and 49.9 kilograms of cocaine during the conspiracy and accordingly increased his offense level based on this amount resulting in a range of 292-365 months. The court sentenced the defendant at the high end of the range. We affirmed the district court's application of the preponderance standard to the facts supporting the enhancement and held that due process does not require the application of the clear and convincing standard when "the extent of the conspiracy caused the tremendous increase in sentence." Id.