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U.S. v. JONES

Nos. 97-1377, 97-1463.

194 F.3d 1178 (1999)

UNITED STATES of America, Plaintiff—Appellee, v. Carless JONES, Defendant—Appellant.

United States Court of Appeals, Tenth Circuit.

November 12, 1999.

Attorney(s) appearing for the Case

Jill M. Wichlens (Michael G. Katz, Federal Public Defender, with her on the briefs), Assistant Federal Public Defender, Denver, Colorado, for Defendant-Appellant.

John M. Hutchins (Thomas L. Strickland, U.S. Attorney, Linda A. McMahan, Acting U.S. Attorney, Gregory H. Rhodes, Assistant U.S. Attorney, and Sean Connelly, U.S. Department of Justice, with him on the briefs), Assistant U.S. Attorney, Denver, Colorado, for Plaintiff-Appellee.

Before BALDOCK, EBEL and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

These consolidated appeals require us to determine whether a sentencing court must adhere to the penalty range set forth in 21 U.S.C. § 841(b)(1)(C) when an indictment charges a defendant with distributing and possessing with the intent to distribute cocaine base in violation of that and other statutory provisions. In resolving this question, we address whether the Supreme Court's recent decision in Jones v. United States,

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