United States Tenth Circuit

Following a remand for re-sentencing pursuant to Booker, a sentence imposed for unlawful distribution of methamphetamine is affirmed over claims that: 1) the district court erred by calculating the advisory Sentencing Guidelines range based on facts not found by a jury to be true beyond a reasonable doubt; 2) the sentencing hearing violated the Confrontation Clause of the Sixth Amendment.

Appellate Information

• Decided 07/25/2006
• Published 07/25/2006

Judges

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

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Matthew H. Mead, United States Attorney, and David A. Kubichek, Assistant United States Attorney, Casper, Wyoming, for Plaintiff-Appellee.