United States Tenth Circuit

A sentence for possession of cocaine base is affirmed where efficient resource allocation was a legitimate government end, to which the prosecutor's decision not to file a Sentencing Guidelines section 3E1.1(b) downward departure motion for acceptance of responsibility was rationally related.

Appellate Information

• Decided 10/25/2006
• Published 10/25/2006

Judges

• McCONNELL, Circuit Judge., Before HARTZ, EBEL, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Scott Keith Wilson, Assistant Federal Public Defender (Steven B. Killpack, Federal Public Defender, with him on the briefs) for Defendant-Appellant., Diana Hagen, Assistant United States Attorney (Paul M. Warner, United States Attorney and Stephen J. Sorenson, Acting United States Attorney for the District of Utah, with her on the briefs) for Plaintiff-Appellee.