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U.S. v. PORTER

No. 04-4009.

405 F.3d 1136 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Jeffery PORTER, also known as Jeff Borter, also known as Jeff Fitzgerald Porter, also known as Damien, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 3, 2005.

Attorney(s) appearing for the Case

Vicki Mandell-King, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with her on the briefs) Office of the Federal Public Defender, District of Colorado and Wyoming, Denver, CO, for Defendant-Appellant.

Michael S. Lee, Assistant United States Attorney (Paul M. Warner, United States Attorney, with him on the briefs, and Wayne T. Dance, Assistant United States Attorney, with him on the supplemental brief) Office of the United States Attorney, District of Utah, Salt Lake City, UT, for Plaintiff-Appellee.

Before KELLY, ANDERSON, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Defendant-Appellant Jeffery Porter pled guilty in the United States District Court for the District of Utah to two criminal charges: one count of possession with intent to distribute five grams or more of actual methamphetamine, 21 U.S.C. § 841(a)(1), and one count of felon in possession of ammunition, 18 U.S.C. § 922(g)(1). Porter's plea agreement limited his right to appeal his sentence. Prior to sentencing, but after execution...

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