United States Tenth Circuit

Defendant's sentence for conspiring to defraud the State of New Mexico during the construction of a county courthouse in Albuquerque is affirmed where: 1) the district court did not err in applying the 2008 version of the Sentencing Guidelines; 2) the district court properly refused to embark upon an "apples and oranges" comparison between the fraudulent proceeds defendant gained from this conspiracy and the contract revenues for services rendered that other co-conspirators previously gained from allegedly bribing an official; and 3) any disparity between defendant's and the official's identical terms of imprisonment was explained by their different plea agreements.

Appellate Information

• Decided 06/28/2010
• Published 06/28/2010

Judges

Court

• United States Tenth Circuit

Counsel