U.S. v. PADILLA

No. 89-2179.

947 F.2d 893 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry Lawrence PADILLA, Sr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 21, 1991.


Attorney(s) appearing for the Case

Jill M. Wichlens, Asst. Federal Public Defender (Michael G. Katz, Federal Public Defender, with her on the brief), Denver, Colo., for defendant-appellant.

Paula Burnett, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., and James D. Tierney, Asst. U.S. Atty., with her on the brief), Albuquerque, N.M., for plaintiff-appellee.

Before HOLLOWAY, LOGAN and BALDOCK, Circuit Judges.


LOGAN, Circuit Judge.

Defendant Jerry Lawrence Padilla, Sr., appeals the sentence imposed upon him after his guilty plea to one count of possession with intent to distribute less than 100 grams of heroin in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C). He argues that in determining his sentence the court: (1) erred in imposing a supervised release term of five years when the statutory maximum is three years; (2) improperly considered conduct beyond...

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