United States Tenth Circuit

Dismissal of a firearm count of an indictment is reversed where the district court abused its discretion in dismissing the count based on a finding that there was insufficient factual support for the charge, and a sentence for possession of methamphetamine is vacated as the district court lacked jurisdiction to proceed with sentencing after the government filed an appeal.

Appellate Information

• Decided 05/02/2006
• Published 05/02/2006

Judges

• McCONNELL, Circuit Judge., Before TACHA, Chief Circuit Judge, HENRY, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Richard A. Friedman, Appellate Section, Criminal Division, United States Department of Justice (John C. Richter, United States Attorney, and Edward J. Kumiega, Assistant United States Attorney with him on the briefs), for Plaintiff-Appellant.


• For Appellees:
  
• Joseph L. Wells, Oklahoma City, OK, for Defendant-Appellee.