United States v. Robert Lee Downs

MURPHY, Circuit Judge.

INTRODUCTION

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. RApp. P. 34(a); 10th Cir. R. 34.1.9. The court therefore honors the parties’ requests and orders the case submitted without oral argument.

Robert L. Downs entered a conditional plea of guilty to a one-count indictment pursuant to Rule 11(a)(2) of the Federal Rules of Criminal Procedure: The indictment charged Downs with possession of marijuana with intent to distribute. Downs now…