United States v. Jason S. Mise

I concur in the majority’s opinion affirming Defendant’s conviction and sentence. I write separately to expressly state that United States v. Dalton, 960 F.2d 121 (10th Cir.1992) should be rejected even if it is distinguishable with respect to the matter at hand.

Several circuit courts have rejected Dalton in favor of the Fourth Circuit’s reasoning in United States v. Jones, 976 F.2d 176 (4th Cir.1992). For example, in United States v. Ardoin, 19 F.3d 177, 180 & n. 4 (5th Cir.1994), the Fifth Circuit elected to follow Jones over Dalton when it reasoned that the defendant in Ardoin could have…