United States Tenth Circuit

A sentence for conspiring to traffic in and use unauthorized access devices, and aggravated identity theft is affirmed over claims that: 1) the court violated his Sixth Amendment rights by finding the amount of intended loss to be greater than that found by the jury; 2) there was insufficient evidence for a "leader or organizer" and reckless endangerment enhancements; and 3) the court violated his Sixth Amendment rights when it calculated his criminal history score by relying on prior convictions, the existence of which were not found by the jury.

Appellate Information

• Decided 02/06/2007
• Published 02/07/2007

Judges

• BRISCOE, Circuit Judge., Before BRISCOE, BALDOCK, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Submitted on the Briefs:  David Autry, Oklahoma City, OK, for Defendant-Appellant., John C. Richter, United States Attorney;  Randal A. Sengel, Assistant United States Attorney, Oklahoma City, OK, for Plaintiff-Appellee.