United States Tenth Circuit

A denial of defendant's motion to vacate, set aside, or correct his drug distribution sentence is affirmed where: 1) the testimony excerpts presented by defendant, considered either alone or collectively, were far from sufficient to have allowed the jury to find that defendant withdrew from the charged conspiracy; 2) defendant failed to establish that his counsel's rejection of the district court's proffered withdrawal instruction deprived him of his constitutional right to the effective assistance of counsel; and 3) reasonable jurists could not debate whether defendant had a due process right to be present during an in-chambers conference.

Appellate Information

• Decided 03/02/2010
• Published 03/02/2010

Judges

Court

• United States Tenth Circuit

Counsel