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U.S. v. BOWEN

No. 04-4314.

437 F.3d 1009 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Jason BOWEN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 15, 2006.

Attorney(s) appearing for the Case

Kent R. Hart, Assistant Federal Public Defender (Scott Keith Wilson, Assistant Federal Public Defender and Steven B. Killpack, Federal Public Defender, on the briefs), Salt Lake City, UT, for defendant-appellant.

Elizabethanne C. Stevens, Assistant United States Attorney (Paul M. Warner, United States Attorney, with her on the brief), District of Utah, for plaintiff-appellee.

Before BRISCOE, ANDERSON, and O'BRIEN, Circuit Judges.

BRISCOE, Circuit Judge.

Jason Bowen appeals his jury conviction of one count of possession of five grams or more of methamphetamine with the intent to distribute, in violation of 21 U.S.C. § 841(a)(1). He raises four issues: (1) the evidence was insufficient to support his conviction; (2) the district court's instruction on constructive possession prejudiced his defense; (3) the district court erred in concluding it lacked authority to adjust his sentence for...

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