United States Tenth Circuit

Defendant's conviction for conspiracy to traffic in methamphetamine is affirmed where, when read in combination with the prosecutor's statements and the plea colloquy, a presentence report provided a sufficient factual basis for the court to accept defendant's plea. However, defendant's sentence is vacated where, by definitively announcing defendant's sentence before providing him with an opportunity to speak on his own behalf, the district court prematurely adjudged his sentence.

Appellate Information

• Decided 08/03/2010
• Published 08/03/2010

Judges

• Carlos F. Lucero

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Edwin S. Wall, Stuart S. Healy, III