United States Tenth Circuit

In a case where, before being sentenced on drug charges, defendant suffered a stroke that left him with severe mental and physical impairments, the sentence imposed thereafter is affirmed over his claims that: 1) the district court acted in a procedurally unreasonable manner at sentencing by failing to more extensively address his motion for a variance based on his condition; and 2) the sentence was substantively unreasonable in light of his mental and physical condition.

Appellate Information

• Decided 12/18/2007
• Published 12/19/2007

Judges

• GORSUCH, Circuit Judge., Before HENRY, HOLLOWAY, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Stephen J. Knorr, Tulsa, OK, for Defendant-Appellant., Neal B. Kirkpatrick, Assistant United States Attorney (David E. O'Meilia, United States Attorney, and Kevin Danielson, Assistant United States Attorney, with him on the brief), Tulsa, OK, for Plaintiff-Appellee.