United States Tenth Circuit

Defendant's convictions on drug-related counts are affirmed in part, but reversed in part as to a conviction for possession and distribution of crack-cocaine, on grounds of insufficiency of the evidence. Further, although the district court correctly applied the sentencing guidelines, the below-guidelines sentence was nevertheless procedurally unreasonable and the court remands for resentencing.

Appellate Information

• Decided 01/23/2007
• Published 01/24/2007

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, BARRETT, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs:   Zebedee Hall, pro se.


• For Appellees:
  
• Stephen M. Wheeler, Wheeler Law Offices, PC, Evergreen, CO, for Appellant/Cross-Appellee., William J. Leone, United States Attorney, Kathleen M. Tafoya, Assistant United States Attorney, and James C. Murphy, Assistant United States Attorney, Office of the United States Attorney for the District of Colorado, Denver, CO, for Appellee/Cross-Appellant.