Legal Opinion

United States v. Damato

Court of Appeals for the Tenth Circuit

Decided February 22, 2012No. 10-3191PublishedCited by 58 opinions

1Opinion of the Court

LUCERO, Circuit Judge.

Glenn Damato appeals his 96-month sentence for conspiracy to distribute marijuana. He argues that the district court erred in calculating drug quantity by including as relevant conduct a drug transaction that occurred more than thirteen years prior to the offense of conviction. The government argues only that this transaction was part of the “same course of conduct” as the offense of conviction. See U.S.S.G. § lB1.3(a)(2). We cannot agree with the government’s contention. The thirteen-year interval at issue far exceeds the gap between relevant conduct and the charged…

2Cases cited43 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. Bailey v. United StatesSupreme Court of the United States · 1995
  3. Perry v. WoodwardCourt of Appeals for the Tenth Circuit · 1999
  4. United States v. WhiteCourt of Appeals for the Seventh Circuit · 1989
  5. United States v. Kenneth Joseph HillCourt of Appeals for the Sixth Circuit · 1996

38 more not listed; retrieve them via the Exa API.

3Cited by58 opinions

  1. United States v. GreerCourt of Appeals for the Tenth Circuit · 2018
  2. United States v. WatsonCourt of Appeals for the Tenth Circuit · 2014
  3. Harvey v. United StatesCourt of Appeals for the Tenth Circuit · 2012
  4. United States v. RubyCourt of Appeals for the Tenth Circuit · 2013
  5. United States v. BrooksCourt of Appeals for the Tenth Circuit · 2013

53 more not listed; retrieve them via the Exa API.

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