United States Tenth Circuit

Defendants' convictions and sentences for drug- and firearm- related offenses arising from their participation in a methamphetamine manufacturing and distribution operation are affirmed as to one defendant, but other defendant's sentence is reversed and remanded where: 1)the district court committed Booker error which was not harmless; and 2) a determination as to the drug-quantity attributable to defendant was insufficiently particularized.

Appellate Information

• Decided 03/01/2007
• Published 03/02/2007

Judges

• LUCERO, Circuit Judge., Before LUCERO, McKAY, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Jill M. Wichlens, Assistant Federal Public Defender, Denver, CO (Raymond P. Moore, Federal Public Defender with her on the briefs), for Defendant-Appellant Shelby Wayne Sells., Donn F. Baker, Tahlequah, OK, for Defendant-Appellant Anthony Wayne Sells., Dennis Fries, Assistant United States Attorney, Muskogee, OK (Sheldon J. Sperling, United States Attorney, Jeffrey A. Gallant, Assistant United States Attorney, on the briefs), for the Plaintiff-Appellee.