How have the courts applied the US Sentencing Guidelines for drug trafficking offences?

We review for clear error the district court's factual determinations underlying application of the United States Sentencing Guidelines. United States v. Torres-Rodriguez, 930 F.2d 1375, 1389 (9th Cir.1991).

In order to exclude an amount of drugs from the drug quantity calculation, the district court must find both that the defendant did not intend to produce the negotiated amount and that he was not reasonably capable of producing that amount. United States v. Barnes, 993 F.2d 680, 682 n. 1 (9th Cir.1993). The burden is on the defendant to demonstrate that he had neither the intent nor the capability to produce the quantity of narcotics negotiated for. Id. at 684. Where the defendant pleads guilty to an indictment which clearly indicates that the object of the conspiracy involved over 50 kilograms of cocaine, the defendant is foreclosed from arguing that he did not intent to produce 50 kilograms of cocaine. Cf. id. at 682-83 (where indictment alleged defendant negotiated for 50 kilograms of cocaine but did not explicitly allege that object of conspiracy was a 50 kilogram transaction, guilty plea foreclosed argument that he did not negotiate to buy 50 kilograms of cocaine but not argument that he had neither intent nor capability to produce such amount).