United States v. Bustamante-Conchas, No. 15-2025 (10th Cir. 2016)
Annotate this CaseDefendant-appellant Miguel Bustamante-Conchas was convicted on drug distribution charges and sentenced to 240 months in prison. At sentencing the district court found that Bustamante-Conchas was responsible for a significant amount of drugs and for a firearm in the possession of a co-conspirator, and then after a lengthy hearing sentenced him before he could speak on his behalf to the court. He appealed, challenging the district court’s factual findings at sentencing, as well as the court’s failure to allow him to allocute before sentencing. The Tenth Circuit concluded the factual findings were supported by the record and justified the eventual below-guideline sentence imposed by the trial court. Although the court should have allowed Bustamante-Conchas to allocute, any error was not plain. The Court therefore affirmed the sentence.
The court issued a subsequent related opinion or order on September 30, 2016.
The court issued a subsequent related opinion or order on March 3, 2017.
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