Legal Opinion
United States v. Burkholder
Court of Appeals for the Tenth Circuit
Decided March 4, 2016No. 13-8094PublishedCited by 40 opinions
1Opinion of the Court
HOLMES, Circuit Judge.
Jerry Lee Burkholder was charged with distributing a controlled substance, the use of which resulted in the death of Kyle Dollar, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(E). The latter provision imposes a fifteen-year statutory maximum sentence “if death ... results from the use” of certain controlled substances. See 21 U.S.C. § 841(b)(l)(E)(i). The district court declined to instruct the jury that, under § 841(b)(1)(E), the government was required to prove that Mr. Dollar’s death was a reasonably foreseeable result of the charged drug distribution. Mr.…
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3Cited by40 opinions
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