United States Tenth Circuit

Defendant's destructive device conviction is affirmed, where Defendant's ineffective assistance claim failed because he did not specify how his counsel allegedly refused to let him testify; but his sentence is vacated, where Defendant's base offense level should have been lower because he was not a "prohibited person" under U.S.S.G. section 2K2.1(a)(4)(B).

Appellate Information

• Decided 05/29/2009
• Published 05/29/2009

Judges

• TACHA, Circuit Judge., Before TACHA, McKAY, and ANDERSON, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Vicki Mandell-King, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with her on the briefs), Office of the Federal Public Defender for the District of Colorado, Denver, CO, appearing for Appellant.


• For Appellees:
  
• David M. Lind, Assistant United States Attorney (Marietta Parker, Acting United States Attorney, with him on the brief), Office of the United States Attorney for the District of Kansas, Wichita, KS, appearing for Appellee.