United States v. Madkins, No. 15-3299 (10th Cir. 2017)Annotate this Case
This appeal arose from a law enforcement investigation into a drug trafficking operation in Kansas. Agents gathered evidence by making controlled buys of crack cocaine through a confidential informant; monitoring telephones used by certain of the co-conspirators; and conducting searches of several residences. Martye Madkins was arrested and charged with one count of distribution of cocaine base and one count of distribution of cocaine base within 1,000 feet of a school. Before trial, Madkins moved to dismiss the indictment for Speedy Trial Act violations. The district court overruled the motion, finding the court had previously granted an ends-of-justice continuance that tolled the speedy-trial clock. Madkins was tried along with several co-defendants, including Johnny Ivory, Anthony Thompson, and Albert Banks. Madkins and his co-defendants were convicted on all counts. Madkins challenged the district court’s denial of his motion to dismiss for Speedy Trial Act violations. He also appealed the sentence, arguing the district court erred in applying a career-offender enhancement and in denying his request for a variance. The Tenth Circuit affirmed, finding the district court did not err in denying Madkins’s motion to dismiss for Speedy Trial Act violations. However, the Court vacated the sentence, because the district court impermissibly relied on a belief that it was obligated to impose a sentence in the guidelines range absent extraordinary circumstances.