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U.S. v. CRUZ

No. 94-6271.

58 F.3d 550 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Richard CRUZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 20, 1995.

Attorney(s) appearing for the Case

Jay F. McCown, Oklahoma City, OK, for defendant-appellant.

Edward J. Kumiega (Rozia McKinney-Foster, U.S. Atty., with him on the brief), Asst. U.S. Atty., Oklahoma City, OK, for plaintiff-appellee.

Before SEYMOUR, Chief Judge, MOORE, Circuit Judge, and BROWN, Senior District Judge.

JOHN P. MOORE, Circuit Judge.

This appeal presents only one question: did the district court find facts at the time of sentencing sufficient to support a sentence of 60 months? The crime of conviction was conspiracy to introduce a prohibited object into a federal prison. Because of the confluence of statutory and sentencing guidelines criteria, to sentence the defendant to 60 months under the facts of this case, it was necessary for the district court to conclude...

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