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U.S. v. KAY

No. 91-4060.

961 F.2d 1505 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Miles G. KAY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 17, 1992.

Attorney(s) appearing for the Case

David J. Richman and Joseph S. Berman, Coghill & Goodspeed, P.C., Denver, Colo., for defendant-appellant.

David J. Jordan, U.S. Atty., and Wayne T. Dance, Asst. U.S. Atty., for plaintiff-appellee.

Before MOORE, TACHA, and BRORBY, Circuit Judges.

TACHA, Circuit Judge.

Defendant-appellant Miles Kay appeals from a sentence of five years' detention, five years' supervised release, and a $1,500 fine. The district court imposed this sentence after Kay pled guilty to a conspiracy to manufacture 100 grams or more of methamphetamine in violation of 21 U.S.C. § 846. On appeal, Kay contends that the district court erred by failing to sentence him under state rather than federal law, by denying him an evidentiary...

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