Legal Opinion

United States v. Murphy

Court of Appeals for the Tenth Circuit

Decided August 24, 2018No. 17-5118PublishedCited by 15 opinions

1Opinion of the Court

O'BRIEN, Circuit Judge.

*1187 Aaron Wilkie Murphy is a convicted drug dealer and admitted addict. He used his home for drug-related activity. The only issue is whether that use of his home was enough to warrant an enhancement to his sentence under USSG § 2D1.1(b)(12), which increases guideline sentences when drug-related activities are one of the home's primary, as opposed to incidental, uses. The district judge properly applied the enhancement. We affirm.

I. Background

In late 2015, local law enforcement officers targeted Murphy in an investigation involving the sale of stolen property. They…

2Cases cited19 opinions

  1. United States v. ArvizuSupreme Court of the United States · 2002
  2. Stinson v. United StatesSupreme Court of the United States · 1993
  3. Richison v. Ernest Group, Inc.Court of Appeals for the Tenth Circuit · 2011
  4. United States v. Daniel MillerCourt of Appeals for the Eighth Circuit · 2012
  5. United States v. Laroan F. Verners, United States of America v. Guessinia Verners Also Known as Guessinia HollandCourt of Appeals for the Tenth Circuit · 1995

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3Cited by15 opinions

  1. Shaw v. SchulteCourt of Appeals for the Tenth Circuit · 2022
  2. United States v. LozanoCourt of Appeals for the Tenth Circuit · 2019
  3. United States v. Mier-GarcesCourt of Appeals for the Tenth Circuit · 2020
  4. United States v. FriasCourt of Appeals for the Second Circuit · 2024
  5. United States v. Michael Terry, Jr.Court of Appeals for the Sixth Circuit · 2023

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