United States Sixth Circuit

Conviction and sentence imposed pursuant to a plea to conspiracy to possess with intent to distribute cocaine are affirmed where: 1) a co-conspirator's proffer statement contained sufficient indicia of reliability to be admissible at sentencing; 2) the district court did not err by concluding that defendant was an organizer or leader, for sentence enhancement purposes; 3) the government did not breach the plea agreement; and 4) defendant's constitutional challenges lacked merit.

Appellate Information

• Decided 07/10/2007
• Published 07/10/2007

Judges

• Before:  CLAY, GILMAN, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  James A. Simmons, Nashville, Tennessee, for Appellant.   Stuart J. Canale, Assistant United States Attorney, Memphis, Tennessee, for Appellee.