Conviction for possession of methamphetamine does not require showing that total quantity of possessed substance is 100% pure methamphetamine

JURY INSTRUCTION/STATUTORY CONSTRUCTION United States v. Villegas, No. 08-4078, ___ F.3d ___ (10th Cir. Feb. 2, 2009)(Utah). Appeal of conviction for possession with intent to distribute 50 grams or more of actual or pure methamphetamine in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A) and § 841(b)(1)(A)(viii). HELD: District court properly instructed jury on drug quantities necessary for conviction. Title 21 U.S.C. § 841(b)(1)(A)(viii)’s threshold of “50 grams of methamphetamine” does not mean entire substance must consist of 100% pure methamphetamine. Rather, the statutory language refers to the amount of methamphetamine present in a mixture such that the mixture contains at least 50 grams of methamphetamine. For example, a 439.5 gram package of crystalline material that a small sample shows is 85.1% methamphetamine means that there are 374 grams of actual or pure methamphetamine in the package (i.e., 439.5 grams x 85.1% = 374 grams). Read the opinion here.