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U.S. v. PENA

Nos. 89-2294, 89-2314.

930 F.2d 1486 (1991)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Irma PEÑA, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

April 18, 1991.

Attorney(s) appearing for the Case

David N. Williams, Asst. U.S. Atty. (William L. Lutz, Acting U.S. Atty., with him on the briefs), Albuquerque, N.M., for plaintiff-appellee, cross-appellant.

Ralph C. Binford, Deming, N.M., for defendant-appellant, cross-appellee.

Before HOLLOWAY, Chief Judge, EBEL, Circuit Judge, and NOTTINGHAM, District Judge.

NOTTINGHAM, District Judge.

A jury found Defendant Irma Peña guilty of possession with intent to distribute less than 50 kilograms of marijuana, in violation of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 841(b)(1)(D) (1988). Since the offense occurred on April 30, 1989, the district court applied the federal sentencing guidelines in effect on that date and determined that the applicable guideline range specified a prison term of 27 to 33 months. See<...

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