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| United States v. Begaye, No. 04-2199,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 18, 2006, Filed
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Overview: Where defendant was convicted of drug conspiracy, the evidence supported the conclusion that defendant served in an organizing or supervisory capacity under U.S. Sentencing Guidelines Manual § 3B1.1(c) since, inter alia, he directed the seller to take certain steps in completing each exchange; obstruction of justice enhancement also was proper.
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| United States v. Briseno, Nos. 03-8099, 04-8001,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 18, 2006, Filed
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Overview: Apprendi did not mandate importation of a scienter requirement into 21 U.S.C.S. § 841(b). Thus, the district court correctly calculated defendant's sentence with reference to the methamphetamine even though the factual basis of defendant's plea did not include a statement that he knew the methamphetamine was in the vehicle.
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| United States v. Carpenter, No. 05-8010,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 18, 2006, Filed
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Overview: Because defendant was convicted under the amended version of 18 U.S.C.S. § 924(c), which allowed conviction for "possession" of a firearm in furtherance of a drug crime, counsel's failure to raise an argument under a pre-amendment case that addressed the "use" of a firearm under 18 U.S.C.S. § 924(c) was not ineffective assistance.
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| United States v. Mindreci, No. 05-3087,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 18, 2006, Filed
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Overview: District court did not err when it found a nexus between defendant and three handguns because "possession" could have been either actual or constructive under 18 U.S.C.S. § 922(g)(1), and defendant had knowledge of and access to the firearms, the two requirements for a finding of possession in the joint occupancy context.
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| United States v. Reyes-Armendariz, No. 05-2082,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 18, 2006, Filed
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Overview: Court of appeals found that district court properly considered sentencing factors listed in 18 U.S.C.S. § 3553(a) before it sentenced defendant who pled guilty to illegally reentering U.S. following deportation, in violation of 8 U.S.C.S. § 1326, and met its burden of stating reasons for its decision sentencing defendant to 57 months' imprisonment.
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| United States v. Walters, No. 04-3273,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 18, 2006, Filed
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Overview: Inmate convicted of conspiracy to manufacture and distribute methamphetamine in violation of 21 U.S.C.S. §§ 841 and 846 was not entitled to 28 U.S.C.S. § 2255 relief, because, inter alia, he procedurally defaulted the Apprendi issues, counsel did not render ineffective assistance, and his sentence did not violate the Sixth Amendment under Apprendi.
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