United States Tenth Circuit

Defendant's below-Guidelines range sentence for drug-related offenses is vacated and remanded where: 1) the district court committed procedural error in its calculation of the advisory Guidelines range because it did not provide a sufficient explanation for its denial of certain enhancements; and 2) an alternative holding that the sentence "would be imposed even if the advisory guideline range was determined to be improperly calculated" was likewise procedurally unreasonable.

Appellate Information

• Decided 04/15/2008
• Published 04/16/2008

Judges

• McCONNELL, Circuit Judge., Before McCONNELL, SEYMOUR, and EBEL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Kenneth R. Marken, Special Assistant United States Attorney (Matthew H. Mead, United States Attorney, David A. Kubichek, Assistant United States Attorney with him on the briefs), Casper, WY, for the Plaintiff-Appellant.


• For Appellees:
  
• David L. Serelson, Cheyenne, WY, for the Defendant-Appellee.