United States Ninth Circuit

Drug related convictions and sentence are affirmed over defendant's claims the district court 1) violated FRCP 11 at the plea colloquy, and 2) departed to an unreasonable extent from the Guidelines' sentencing range by applying enhancements under sections 5K2.4 and 5K2.8 for acts neither alleged in, nor relative to, the charged conspiracy.

Appellate Information

• Argued 11/03/2003
• Decided 11/25/2003
• Published 11/25/2003

Judges

• WARDLAW, Circuit Judge., Before JOHN T. NOONAN, KIM McLANE WARDLAW, and RICHARD A. PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Brian Patrick Conry, Portland, OR, for the defendant-appellant., Joshua S. Van de Wetering, Assistant United States Attorney, Missoula, MT, for the plaintiff-appellee.