United States Tenth Circuit

Defendant's conviction for possession of methamphetamine with the intent to distribute is affirmed over his claims of error regarding: 1) sufficiency of the evidence, 2) jury instructions; (3) a conclusion by the district court that it lacked authority to adjust his sentence for a mitigating role in the offense; and 4) Booker error.

Appellate Information

• Decided 02/15/2006
• Published 02/16/2006

Judges

• BRISCOE, Circuit Judge., Before BRISCOE, ANDERSON, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Kent R. Hart, Assistant Federal Public Defender (Scott Keith Wilson, Assistant Federal Public Defender and Steven B. Killpack, Federal Public Defender, on the briefs), Salt Lake City, UT, for defendant-appellant., Elizabethanne C. Stevens, Assistant United States Attorney (Paul M. Warner, United States Attorney, with her on the brief), District of Utah, for plaintiff-appellee.