United States Tenth Circuit

Defendant's crack cocaine distribution sentence is affirmed in part where: 1) the district court appropriately relied on an informant's testimony to find that defendant had produced crack; and 2) production of three ounces of crack qualified as relevant conduct under the Sentencing Guidelines. However, the sentence is reversed in part where the district court erred in attributing two points to defendant for committing one of the offenses of conviction while serving under a criminal justice sentence.

Appellate Information

• Decided 11/09/2009
• Published 11/09/2009

Judges

• EBEL, Circuit Judge., Before LUCERO, EBEL, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• G. Gordon Atcheson of The Atcheson Law Office, Westwood, KS, for Defendant-Appellant., Leon Patton, 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, Kansas City, KS, for Plaintiff-Appellee.