Does access to equipment capable of producing a kilogram of cocaine support the jury's verdict that it was reasonably foreseeable that the conspiracy involved 500 grams or more of cocaine?

MultiRegion, United States of America

The following excerpt is from United States v. Navarrette-Aguilar, 813 F.3d 785 (9th Cir. 2015):

5 While we have stated that a defendant's mere access to equipment capable of producing a kilogram of cocaine "supports the jury's verdict that it was reasonably foreseeable that the conspiracy involved 500 grams or more of cocaine," Rosales,516 F.3d at 755, the government did not raise this argument on appeal, and therefore we do not address it here. "Our circuit has repeatedly admonished that we cannot manufacture arguments for an appellant." Ind. Towers of Wash. v. Washington,350 F.3d 925, 929 (9th Cir.2003) (quoting Devereaux v. Abbey,263 F.3d 1070, 1082 (9th Cir.2001) ).

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