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U.S. v. BURBAGE

No. 03-2184.

365 F.3d 1174 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Knowlington Ottoway BURBAGE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 27, 2004.

Attorney(s) appearing for the Case

Submitted on the briefs*: Michael G. Katz, Federal Public Defender, Raymond P. Moore, Federal Public Defender, and Vicki-Mandell King, Assistant Federal Public Defender, Denver, CO, for Defendant-Appellant.

David C. Iglesias, United States Attorney, and David N. Williams, Assistant United States Attorney, Albuquerque, NM, for Plaintiff-Appellee.

Before KELLY, BRORBY, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

Defendant Knowlington Ottoway Burbage appeals his conviction for possessing more than 500 grams of cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). He contends that (1) the district court improperly denied his motion to suppress the cocaine, which was found during the search of a backpack he denied owning; and (2) he should be resentenced because the district court made improper comments to the jury...

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