United States Tenth Circuit

Where a house was uninhabited and in a dilapidated condition, and the defendant could not prove control over the premises, the defendant had no objectively reasonable expectation of privacy, even if he had a key to the gate and kept personal property in the house; sentences that relied upon government's guesswork as to quantity of methamphetamine were improper.

Appellate Information

• Decided 03/11/2002
• Published 03/11/2002

Judges

• HOLLOWAY, Circuit Judge., Before SEYMOUR and HOLLOWAY, Circuit Judges, and VANBEBBER, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Norman C. Bay, United States Attorney, and David N. Williams, Assistant United States Attorney, Albuquerque, NM, for Plaintiff Appellee, United States of America., Ray Twohig, Albuquerque, NM, for Defendant-Appellant Higgins;  Billy R. Blackburn, Albuquerque, NM, for Defendant-Appellant Caple;  and Todd Hotchkiss, Frechette & Associates, P.C., Albuquerque, NM, for Defendant-Appellant Jinks.