United States Tenth Circuit
US v. Atencio, 04-2325, 05-2022
Defendants' sentence for conspiracy to possess with intent to distribute cocaine is vacated pursuant to a claim that their sentences for conspiracy violated their rights under the Double Jeopardy Clause since conspiracy is a lesser included offense of a continuing criminal enterprise.
Appellate Information
- Decided 01/23/2006
- Published 01/23/2006
Judges
- McCONNELL, Circuit Judge., Before McCONNELL, HOLLOWAY and TYMKOVICH, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellees:
- David J. Pire (Phillip C. Gregory with him on the briefs), for Defendants-Appellants., Laura Fashing (David C. Iglesias with her on the brief), for Plaintiff-Appellee.