United States v. Damato
Court of Appeals for the Tenth Circuit
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
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- Perry v. WoodwardCourt of Appeals for the Tenth Circuit · 1999
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