United States v. Crescenciano M. Pena

CONWAY, District Judge.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.Civ.P. 34(a); 10th Cir.R. 34.1.9. Therefore, the case is ordered submitted without oral argument.

Defendant-Appellant Crescenciano M. Pena was convicted by a jury of possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) and § 841(b)(l)(A)(ii). The district court sentenced Pena to the mandatory minimum sentence of imprisonment for not less than twenty years, followed…