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U.S. v. McDONALD

No. 96-2295.

150 F.3d 1301 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Debbie McDONALD, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 4, 1998.

Attorney(s) appearing for the Case

Submitted on the briefs:

John J. Kelly, United States Attorney, and Gregory J. Fouratt, Assistant U.S. Attorney, Las Cruces, New Mexico, for Plaintiff-Appellee.

Dennis W. Montoya, Rio Rancho, New Mexico, for Defendant-Appellant.

Before BRORBY, BARRETT, and BRISCOE, Circuit Judges.

BRISCOE, Circuit Judge.

Debbie McDonald appeals the district court's denial of her motion to vacate, set aside, or correct her sentence filed pursuant to 28 U.S.C. § 2255.1 McDonald asserted two grounds for relief in her motion: (1) the government misused the court's subpoena power under Fed.R.Crim.P. 17(a) to compel witnesses' attendance at ex parte pretrial interviews; and (2) the evidence was insufficient to convict her of using...

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