United States Tenth Circuit

A sentence for reentry of a removed alien is affirmed where: 1) plain error review applied as defendant did not raise his claim of sentencing error below, nor was the record on the issue developed; and 2) as a result, the circuit court rejects a claim that statutory language defining his prior offense was broad enough to include mere possession as well as trafficking, resulting in an erroneous conclusion that a sentence enhancement applied.

Appellate Information

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

Judges

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

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Scott M. Davidson, Albuquerque, New Mexico for Defendant-Appellant., Andrea Hattan, Assistant United States Attorney (Gregory J. Fouratt, United States Attorney, and Terri J. Abernathy, Assistant United States Attorney, Las Cruces, New Mexico, on the brief) for Plaintiff-Appellee.