United States Tenth Circuit

Convictions for attempted manufacture of methamphetamine and possession of a firearm in furtherance of a drug trafficking offense is affirmed where challenged jury instructions were not misleading, and the evidence was sufficient to support the challenged firearm conviction. Defendant's sentence is vacated pursuant to Booker.

Appellate Information

• Decided 01/27/2006
• Published 01/27/2006

Judges

• LUCERO, Circuit Judge., Before HENRY, HOLLOWAY, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Paul D. Brunton, Federal Public Defender (Michael Abel, Assistant Federal Public Defender with him on the brief) Office of the Federal Public Defender, Tulsa, OK, for the Defendant-Appellant., Sheldon J. Sperling, United States Attorney (Robert Gay Guthrie, Assistant United States Attorney with him on the brief), Muskogee, OK, for the Plaintiff-Appellee.