U.S. v. CERNOBYL

No. 00-7033.

255 F.3d 1215 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Michael J. CERNOBYL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 29, 2001.


Attorney(s) appearing for the Case

Submitted on the briefs:*

D. Michael Littlefield, Assistant United States Attorney and Sheldon J. Sperling, United States Attorney, Muskogee, OK, for Plaintiff-Appellee.

Donn F. Baker, Tahlequah, OK, for Defendant-Appellant.

Before SEYMOUR, EBEL and BRISCOE, Circuit Judges.


EBEL, Circuit Judge.

Defendant-Appellant Michael J. Cernobyl ("Cernobyl") pled guilty to possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). The district court calculated his sentence on the basis of marijuana found in his home and car, as well as on the basis of his own admission that he had transported large amounts of marijuana over an extended period of time. Cernobyl appealed. His initial argument to the court centered...

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