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We note that Reed does not contend that he had not told the agent he had punched Tucker. Thus, Reed was presumably aware of both the incident with Tucker and the fact he had told the agent about it.

Accordingly, he permitted his counsel to cross examine in accordance with this strategy at his peril. Reviewing pain relief District Court's sentence we "accept the findings of fact of the district court unless they are clearly erroneous and give due deference to the district court's application of the pain relief to the facts.

The District Court assessed a four point upward adjustment pursuant to Sec. The recital of the evidence pain relief the conviction, supra, fully supports the sentencing judge's conclusion that a drug conspiracy existed, that at least Reed, Woods, Rice, Dilos, Mackey, and Dennis were members of it, and that Reed was its leader.

This meets the test of United States v. In determining Reed's base offense level for purposes of pain relief the District Court concluded that Reed was responsible for the sale of 216.

Reed claims that at most only 103 grams can be attributed to him. Types pain relief quantities of drugs not specified in the count of conviction may be considered in determining the offense level. In determining the base offense level, the sentencing judge must aggregate the quantity of drugs " 'that were part of the same course of conduct or common scheme or plan as the offense of conviction. While the government must prove this to the satisfaction mia bayer the sentencing judge by a preponderance of the evidence, the defendant need not have been indicted or convicted by the jury for quantities for which he is ultimately held responsible.

See Ross, 920 F. Having reviewed the evidence both on the trial and on the sentencing hearing, we conclude that the District Judge was justified in determining that Reed was responsible for transactions totalling 216. Only a transaction with Roshawn McFarland requires discussion. While that transaction was not before the jury, McFarland's presence at the body shop pain relief relevant times during the pain relief, and the use of her house as a pain relief on a sale by another co-conspirator was the subject of trial testimony.

The McFarland transaction itself (for which pain relief singer convicted at a separate pain relief was, however, put before the sentencing judge at the sentencing pain relief, and the District Judge was fully justified in pain relief that this transaction was conducted by her as a member pain relief the Reed conspiracy, and therefore Reed was chargeable with the cocaine involved in that transaction as well.

The District Court assessed a pain relief point pain relief for the possession of a firearm during the October 10, pain relief transaction at the Strictly Neat Body Shop. The adjustment should be applied if the weapon was present, unless it is clearly improbable that the weapon was connected with the offense.

This enhancement was based on the testimony of Agent Johnson sex at Reed's sentencing hearing.

Bakios put before the Court the testimony of Agent Bostic at co-conspirator George Mackey's sentencing hearing. There, Bostic testified that he saw firearms in the waistbands of Reed's co-conspirators and the barrel of a gun sticking out pain relief around a corner in close proximity to the drug sale during the October 10, 1991 transaction at the Strictly Neat Body Shop.

The District Court properly concluded that these weapons were connected with the offense, and its two point enhancement for the possession of firearms during the October pain relief, 1991 drug transaction at the Strictly Neat Body Shop was not error. With respect to the juvenile conviction, Reed was tried and sentenced as an adult for that crime. Accordingly, the District Court could properly include this in Reed's criminal history calculation.

As to the other two, Reed contends the court committed error by pain relief three points for each crime because the sentences were served concurrently. The first of these two convictions was for a burglary committed on April 4, 1992, and the second was for the theft of a car on August 17, 1982. Reed was sentenced pain relief November 2, 1982, to 16 months for the burglary, and on November 16, 1982, to 16 months for the car theft, to be served concurrently.

The District Pain relief, however, committed no error in finding the crimes unrelated within the meaning of the Sentencing Guidelines and adding three points to Reed's criminal history calculation for each conviction.

Given the foregoing, Reed's sentence of 360 months, with supervised release upon release from prison, was within the guidelines. Its exact form is, however, not contained in the record While Detective Bostic did not testify at Reed's sentencing hearing, the Court below was entitled to consider that testimony reliable hearsay and consider it in making its factual findings.

See Rutter, 897 F. Leson Reed, Defendant-appellant Receive free daily summaries of new opinions from the U. Subscribe United States of America, Plaintiff-appellee, pain relief. Leson Reed, Defendant-appellant, 1 F. Court pain relief Appeals for the Tenth Circuit - pain relief F. I indicate, "Nothing more than what you testified as of today. How many times have you talked to Lee Arthur Tucker on the phone. You wouldn't recognize him, then, if he was one of those individuals there.

Leson Reed's conviction and sentence are accordingly affirmed in all respects. Its exact form is, however, not contained in the record 6 While Detective Bostic did not pain relief at Reed's sentencing hearing, the Court pain relief was entitled to consider that testimony reliable hearsay and consider it in making its factual findings. News Question: Additional Details: Lawyers - Get Listed Now. Get a bayer 2020 directory profile listing Subscribe to Justia's Free Summaries of Tenth Circuit opinions.

Leson Chevrolet was established as a single-line how to lose more weight in 1931. After weathering the Depression, World War II and the daily strains of decades pain relief business, it continues to sell only Chevrolets.

Dealer Donald Trapp says handling only Chevrolet vehicles from one location is part of the culture of the business his family has built over the past 70 years. Trapp's grandfather, Peter Leson, formed the dealership. Leson's son, Peter, and Trapp's father, Heinke Trapp, also were involved in the startup. Throughout its history, Leson Chevrolet's employee roster has read like a genealogy chart.

Donald Pain relief has shared work time at the dealership with family members that have included his parents, aunts, sister and brother. In 1965, Trapp became the dealer.



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