United States Tenth Circuit

A conviction and sentence for distribution of methamphetamine is affirmed over claims that: 1) the district court erred in admitting into evidence defendant's statement regarding his prior drug trafficking activities; 2) it committed reversible error when it failed to sequester witnesses after defendant made a proper request; 3) insufficient evidence supported his conviction; 4) the district court erred in adopting facts contained in a PSR without first holding an evidentiary hearing; and 5) it erred in applying the career offender enhancement under U.S.S.G. section 4B1.1(a).

Appellate Information

• Decided 10/23/2007
• Published 10/24/2007

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, BALDOCK, and KELLY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Arnold J. Hanuman, Broomfield, CO, appearing for Defendant-Appellant., James R.W. Braun, Assistant United States Attorney (Larry Gomez, Acting United States Attorney, with him on the brief), Office of the United States Attorney for the District of New Mexico, Albuquerque, NM, appearing for Plaintiff-Appellee.