United States Tenth Circuit

A sentence for possessing methamphetamine with intent to distribute is vacated and remanded where: 1) the evidence on record, including testimony of defendant's own admission, indicated that he possessed with the intent to distribute quantities of methamphetamine far in excess of 37 grams that was confiscated from him; and 2) thus, the use of 37 grams as a drug quantity when calculating the advisory Guidelines range was clearly erroneous, and it could not be said that the error was harmless.

Appellate Information

• Decided 02/12/2008
• Published 02/13/2008

Judges

• GORSUCH, Circuit Judge., Before LUCERO, BALDOCK, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Richard A. Friedman, Appellate Section, Criminal Division, United States Department of Justice, Washington, D.C. (John C. Richter, United States Attorney, and Edward J. Kumiega, Assistant United States Attorney, Western District of Oklahoma, Oklahoma City, OK, with him on the briefs), for Plaintiff-Appellant.


• For Appellees:
  
• Joseph L. Wells, Oklahoma City, OK, for Defendant-Appellee.