U.S. v. MURPHY

No. 17-5118.

901 F.3d 1185 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Aaron Wilkie MURPHY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 24, 2018.


Attorney(s) appearing for the Case

Submitted on the briefs:* Virginia L. Grady , Federal Public Defender, and O. Dean Sanderford , Assistant Federal Public Defender, Office of the Federal Public Defender, Denver, Colorado, for Defendant-Appellant.

R. Trent Shores , United States Attorney, and Richard M. Cella , Assistant United States Attorney, Tulsa, Oklahoma, for Plaintiff-Appellee.

Before TYMKOVICH, Chief Judge, O'BRIEN, and MATHESON, Circuit Judges.


Aaron Wilkie Murphy is a convicted drug dealer and admitted addict. He used his home for drug-related activity. The only issue is whether that use of his home was enough to warrant an enhancement to his sentence under USSG § 2D1.1(b)(12), which increases guideline sentences when drug-related activities are

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