U.S. v. CALDWELL

No. 99-1298.

219 F.3d 1186 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. Dedrick Shawn CALDWELL, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 18, 2000.


Attorney(s) appearing for the Case

Sean Connelly, Assistant United States Attorney (Thomas L. Strickland, United States Attorney, and David M. Gaouette, Assistant United States Attorney, with him on the brief), Denver, Colorado, for Plaintiff-Appellant.

E. Richard Toray, Denver, Colorado, for Defendant-Appellee.

Before TACHA, HOLLOWAY, and BALDOCK, Circuit Judges.


BALDOCK, Circuit Judge.

A jury convicted Defendant Dedrick Shawn Caldwell in 1994 of unlawful possession with intent to distribute and distribution of more than five grams of cocaine base in violation of 21 U.S.C. § 841(a)(1). The district court, applying a guideline range of 262 to 327 months imprisonment based on a career offender offense level of 34 (resulting from application of an unenhanced statutory maximum penalty of forty years) and a criminal history...

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