U.S. v. CALDWELL

No. 08-3011.

585 F.3d 1347 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Derrick William CALDWELL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 9, 2009.


Attorney(s) appearing for the Case

G. Gordon Atcheson of The Atcheson Law Office, Westwood, KS, for Defendant-Appellant.

Leon Patton, Assistant United States Attorney (Marietta Parker, Acting United States Attorney, with him on the brief), Office of the United States Attorney for the District of Kansas, Kansas City, KS, for Plaintiff-Appellee.

Before LUCERO, EBEL, and TYMKOVICH, Circuit Judges.


EBEL, Circuit Judge.

Defendant-Appellant Derrick Caldwell pled guilty to one count each of distributing cocaine, distributing cocaine base, and possessing with intent to distribute cocaine base, and was sentenced to 121 months' imprisonment. Following the passage of Amendment 706 to the Sentencing Guidelines, the district court reduced Mr. Caldwell's sentence by twenty-one months.

On appeal, Mr. Caldwell raises three challenges to his sentence. First, he challenges...

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