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U.S. v. MADEN

Nos. 96-2125, 96-2140.

114 F.3d 155 (1997)

UNITED STATES of America, Plaintiff-Appellant/Cross-Appellee, v. Levone Ray MADEN, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

June 2, 1997.

Attorney(s) appearing for the Case

Richard A. Friedman, Attorney, Appellate Section Criminal Division, Department of Justice, Washington, DC (Tara C. Neda, Assistant United States Attorney, and John J. Kelly, United States Attorney, District of New Mexico, with him on the briefs), for Plaintiff-Appellant/Cross-Appellee.

Albert B. Lassen of Lassen & Jaffe, Albuquerque, New Mexico, for Defendant-Appellee/Cross-Appellant.

Before HENRY, LOGAN and BRISCOE, Circuit Judges.

LOGAN, Circuit Judge.

Defendant Levone Maden was convicted after a jury trial of possession with intent to distribute more than fifty grams of cocaine base, in violation of 21 U.S.C. § 841(b)(1)(A). The district court sentenced defendant to 240 months imprisonment, departing downward from the guideline range of 360 months to life. The government has appealed, asserting that the district court improperly departed downward on the basis of a sentencing disparity...

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