United States Tenth Circuit

Defendant's drug distribution sentence is affirmed where, although Defendant claimed that he became caught up in a drug conspiracy due to his inexperience and youth, the government presented evidence contradicting Defendant's statements and the District Court did not abuse its discretion in determining that the 18 U.S.C. section 3553(a) factors did not support a downward variance.

Appellate Information

• Decided 06/12/2009
• Published 06/12/2009

Judges

• EAGAN, District Judge., Before KELLY and LUCERO, Circuit Judges, and EAGAN, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Erlinda O. Johnson, Law Office of Erlinda Ocampo Johnson, LLC, Albuquerque, NM, for Defendant-Appellant., David N. Williams, Assistant United States Attorney, (Gregory J. Fouratt, United States Attorney for the District of New Mexico, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.