United States Tenth Circuit

In an appeal from a provision of defendant's drug sentence barring him from receiving federal benefits under 21 U.S.C. section 862(a), the provision is vacated where possession of cocaine base with intent to distribute does not constitute an "offense consisting of the distribution of controlled substances" within the meaning of section 862(a).

Appellate Information

• Decided 09/02/2009
• Published 09/02/2009

Judges

• LUCERO, Circuit Judge., Before LUCERO, MURPHY, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs:


• For Appellees:
  
• Barry L. Derryberry (Julia L. O'Connell with him on the briefs), Office of the Federal Public Defender, Northern and Eastern Districts of Oklahoma, Tulsa, OK, for Defendant-Appellant., Janet S. Reincke (Thomas Scott Woodward, Acting United States Attorney, with her on the briefs), Office of the United States Attorney, Tulsa, OK, for Plaintiff-Appellee.