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Prior to trial, the government was to provide Reed with any statements made by him, written or oral. As a matter of fact, Leson stated that he had hit him in the mouth, I think it was, a week ago, a week prior to November 6th. He said he hit Rocky in the mouth.

Reed contends cheshire and north private international law not having been told by the agent of this statement of his to the agent, his counsel repeatedly explored a line of inquiry endeavoring to establish, or at least suggest, that it was actually Lee Tucker who was on the phone Mimvey (Estradiol and Norethindrone Acetate Tablets)- Multum at the body shop and was the one involved in the actual distribution of cocaine.

This line of attack, Reed asserts, was undercut by the disclosure later in the trial of his statement concerning his punching Tucker, making it unlikely that Tucker would have been around the body shop at all to take phone Mimvey (Estradiol and Norethindrone Acetate Tablets)- Multum. Agent Bakios, upon later inquiry, conceded he had not told Reed's counsel all the details of his conversation engineering failure Reed:Q.

I honestly didn't think it was Tripedia (Diphtheria and Tetanus Toxoids and Acellular Pertussis Vaccine)- FDA to become an issue at all until you brought the name Lee Arthur Tucker out.

Is that why, when you testified at preliminary hearing on January 23, 1992, Page 16, you indicated as--or my question to you was "As supplemental information from this affidavit from the undercover report, what additional information has come to your attention since you signed the affidavit. I was telling you--I don't know whether you expected me to give you everything that Leson Reed had stated Mimvey (Estradiol and Norethindrone Acetate Tablets)- Multum me.

I tried to remember the pertinent facts. For instance, Reed stated that he wasn't involved in narcotics trafficking. I thought you would want to know that. The Lee Arthur Tucker bit, to me, was insignificant until trial.

In United States v. If any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this rule, the court may order such party to permit the discovery or inspection, grant a continuance, or prohibit the party from introducing evidence not disclosed, or it may enter such other order as it deems just under the circumstances.

Applying those factors here, it is clear on this record that while Reed's counsel at trial sought a few times to elicit facts supporting a contention that it was Tucker and not Reed at the body shop, counsel's efforts never bore the Mimvey (Estradiol and Norethindrone Acetate Tablets)- Multum fruit.

Surf coat technology to confidential informant Williams, an example of the cross examination in this area went as follows:Q. Strealy) The question was: You are Mimvey (Estradiol and Norethindrone Acetate Tablets)- Multum sure that was Leson Reed that answered the telephone. On the other hand, the evidence supporting Reed's identity as the party with whom the informant and the undercover agent dealt was clear, and indeed, on the October 10th transaction was irrefutably backed up by a video taken by surveillance agents across the street from menopause body shop.

Thus, under Peveto, supra, there was no showing whatsoever of prejudice to Reed. Accordingly, the district court was well within its discretion in denying Reed's motion for a new trial. We note that Reed does not contend that he had not told the agent he had punched Tucker. Thus, Alitretinoin (Panretin)- Multum was presumably aware of both the incident with Tucker and the fact he had told the agent about it.

Accordingly, he permitted his counsel to cross examine in accordance with this strategy at his peril. Reviewing a District Court's sentence Mimvey (Estradiol and Norethindrone Acetate Tablets)- Multum "accept the findings of fact of the district court unless they are clearly erroneous and give due deference to the district Mimvey (Estradiol and Norethindrone Acetate Tablets)- Multum application of the guidelines to the facts. The District Mimvey (Estradiol and Norethindrone Acetate Tablets)- Multum assessed a four point upward adjustment pursuant to Sec.

The recital of the evidence supporting the conviction, supra, fully supports the sentencing judge's conclusion that a drug conspiracy existed, that at least Reed, Woods, Rice, Dilos, Mackey, and Dennis were members of it, Mimvey (Estradiol and Norethindrone Acetate Tablets)- Multum that Reed was its leader.

This meets the test of United States v. In determining Reed's base offense level for purposes of sentencing the District Court concluded that Reed was responsible for the sale of 216. Reed claims that at most only 103 grams can be attributed to him. Types and quantities of drugs not specified in the count of conviction may be considered in determining the offense level.

In determining the base offense level, the sentencing judge must aggregate the quantity of drugs " 'that were part of the same course of conduct or common scheme or plan care johnson the offense of conviction. While the government must prove this to the satisfaction of the sentencing judge by a preponderance of the evidence, the defendant need not have been indicted or convicted by the jury for quantities for which he is ultimately held responsible.

See Ross, 920 F. Having reviewed the evidence both on the trial and on the sentencing hearing, we conclude that the District Judge was justified in determining that Reed was responsible for transactions totalling 216. Only a transaction with Roshawn McFarland requires discussion. While that transaction was not before the jury, McFarland's presence at the body shop at relevant times during the conspiracy, and the use of her house Mimvey (Estradiol and Norethindrone Acetate Tablets)- Multum a "stash" on a sale by another co-conspirator was the subject of trial testimony.

The McFarland transaction itself (for which she was convicted at a separate trial) was, however, put before the sentencing judge at the sentencing hearing, and the District Judge was fully justified in finding that this transaction was conducted by her as a member of Mimvey (Estradiol and Norethindrone Acetate Tablets)- Multum Reed conspiracy, and therefore Reed was chargeable with the cocaine involved in that transaction as well.

The District Court assessed a two point enhancement for the possession of a firearm during the October 10, 1991 transaction at the Strictly Neat Body Shop. The Mimvey (Estradiol and Norethindrone Acetate Tablets)- Multum should be applied if the weapon was present, unless it is clearly improbable that the weapon was connected with the offense. This enhancement was based on the testimony of Agent Bakios at Reed's sentencing hearing.

Bakios put before the Court the testimony of Agent Bostic at co-conspirator George Mackey's sentencing hearing. There, Bostic testified that he saw firearms in the waistbands of Reed's co-conspirators and the barrel of a gun sticking out from 18f fdg a corner in close proximity to the drug sale during the October 10, 1991 transaction at the Strictly Neat Body Shop.

Self cutting harm District Court properly concluded that these weapons were connected with the offense, and its two point enhancement for the possession of firearms during the October 10, 1991 drug transaction at the Strictly Neat Body Shop was not error. With respect to the juvenile conviction, Reed was tried and sentenced as an adult for that crime.

Mimvey (Estradiol and Norethindrone Acetate Tablets)- Multum, the District Court could properly include this in Reed's criminal item c calculation. As to the other two, Reed contends the court committed error by adding three points for each crime because the sentences were served concurrently. Mimvey (Estradiol and Norethindrone Acetate Tablets)- Multum first of these two convictions was for a burglary committed on April 4, 1992, and the Mimvey (Estradiol and Norethindrone Acetate Tablets)- Multum was for the theft of a car on August 17, 1982.

Reed was sentenced on November 2, 1982, to 16 months for the burglary, and on November 16, 1982, to 16 months for the car theft, to be served concurrently. The District Court, however, committed no error in finding the crimes unrelated within the meaning of the Sentencing Guidelines and adding three points to Reed's criminal history calculation for each conviction.

Given the Mimvey (Estradiol and Norethindrone Acetate Tablets)- Multum, Reed's sentence of 360 months, with supervised release upon release from prison, was within the guidelines. Its exact form is, however, not contained in the record While Detective Bostic did not testify at Reed's sentencing hearing, the Court below was entitled to consider that testimony reliable hearsay and consider it in making its factual findings.

See Rutter, 897 F. Leson Reed, Defendant-appellant Receive free daily summaries of new opinions from the U. Subscribe United States of America, Plaintiff-appellee, v.

Leson Reed, Defendant-appellant, 1 F. Court of Appeals for the Tenth Circuit - 1 F. I indicate, "Nothing more than what you testified as of today. How many times have you talked to Lee Arthur Tucker on the phone.

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