United States Tenth Circuit

A conviction for drug trafficking offenses and a related firearm offense is affirmed in part over claims of error regarding: 1) denial of a joint motion for continuance; 2) denial of a motion for a mistrial; and 3) Bruton error. However, the sentence is vacated and remanded where the district court committed constitutional Booker error by enhancing defendant's sentence mandatorily on the basis of judicially-found facts, and the error was not harmless.

Appellate Information

• Decided 04/09/2007
• Published 04/10/2007

Judges

• BRISCOE, Circuit Judge., Before BRISCOE, McKAY, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Vickie Mandell-King, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with her on the briefs), Denver, CO, for Defendant-Appellant., Mary M. Smith, Assistant United States Attorney (John C. Richter, United States Attorney, with her on the briefs), Oklahoma City, OK, for Plaintiff-Appellee.