Whether the Fifth Circuit erred in affirming a district court's reliance on a case agent's approximation of the weight of unseized cocaine based primarily on photographs of the packaged cocaine

QUESTION PRESENTED FOR REVIEW The Fifth Circuit affirmed a district court’s reliance on a case agent’s approximation of the weight of unseized cocaine. The agent’s approximation was based primarily on pictures of the packaged cocaine. The agent testified that the packages could have ranged from 2 kilograms to .15 kilograms but from his experience in other cases, 1 kilogram was the standard. The presentence report had initially calculated the amount of cocaine Melendrez distributed from the money he received for it, concluding 5 kilograms. The district court accepted the agent’s estimate of 25 kilograms or 1 kilogram per package. The Fifth Circuit found that proffered no evidence that the cash seized reflected the scale of his trade in cocaine better than the testimony derived from the photographs.”