United States Tenth Circuit
US v. Villa, 08-8100
Defendant's drug and firearm possession convictions and sentence are affirmed where: 1) absent a display of a weapon or some other type of show of authority, defendant voluntarily consented to further questioning by the officer who stopped her vehicle; 2) sufficient evidence supported defendant's conviction for possessing a firearm in furtherance of her methamphetamine trafficking; and 3) the most natural reading of 18 U.S.C. section 924(c) was that its prefatory clause referred only to a minimum sentence provided by section 924(c) or any other statutory provision that proscribed the conduct set forth in section 924(c).
Appellate Information
- Decided 12/29/2009
- Published 12/29/2009
Judges
- TACHA, Circuit Judge., Before TACHA and GORSUCH, Circuit Judges, and STAMP, Senior District Judge .
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Ronald G. Pretty, Cheyenne, WY, appearing for Appellant.
- For Appellees:
- David A. Kubichek, Assistant United States Attorney (Kelly H. Rankin, United States Attorney, with him on the brief), Office of the United States Attorney for the District of Wyoming, Casper, WY, appearing for Appellee.