United States Tenth Circuit

A sentence for distribution of methamphetamine is affirmed over claims that: 1) the circuit court should not afford a presumption of reasonableness to a within-Guidelines sentence; 2) the circuit court should not afford a presumption of reasonableness to a sentence within the Guidelines' career-offender provision; 3) the district court erred in refusing to apply an acceptance of responsibility reduction; 4) it failed to adequately state its reasons for refusing to impose a below-Guidelines sentence; and 5) it imposed a substantively unreasonable sentence.

Appellate Information

• Decided 08/29/2007
• Published 08/30/2007

Judges

• Before O'BRIEN, HOLLOWAY and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Leon Patton, Assistant United States Attorney (Eric F. Melgren, United States Attorney, with him on the brief), Kansas City, KS, for Plaintiff-Appellee., Melissa Harrison, Assistant Federal Public Defender (David J. Phillips, Federal Public Defender, with her on the briefs), Kansas City, KS, for Defendant-Appellant.