United States Tenth Circuit

A resentence for conspiracy to possess with the intent to distribute cocaine and for possession with intent to distribute more cocaine is affirmed over defendant's claim that Booker's mandate that courts treat the sentencing guidelines as advisory applies to sentence modification proceedings under 18 U.S.C. section 3582(c)(2), just as it applies to original sentencing.

Appellate Information

• Decided 12/22/2008
• Published 12/23/2008

Judges

• McCONNELL, Circuit Judge., Before HENRY, McKAY and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Stephen P. McCue, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant., Terri J. Abernathy, Assistant United States Attorney, (Gregory J. Fouratt, United States Attorney, with her on the brief), Las Cruces, NM, for Plaintiff-Appellee.