BROWN

v.

UNITED STATES

Citator

Cited By

• United States v. Underwood, 982 F.2d 426 (10th Cir. 1992)
  ….3, and we have held that drug quantities which were part of the sa- .e course of conduct or common scheme plan as the offense of conviction be included in the BOL calculation. United States v. Rutter, 897 F. 2d 1558, 1562 (10th Cir.), cert. denied, 498 U.S. 829, 111 S.Ct. 88, 112 L.Ed.2d 60 (1990). Thus, quantities of drugs associated with offenses for which the defendant is not convicted are properly considered in calculating the BOL. Id. See also United States v. Ross, 920 F. 2d 1530, 1538 (10th Cir.199…
• United States v. Reggie LeROY, 984 F.2d 1095 (10th Cir. 1993)
  …factors which determine the sentence. We rejected an essentially identical challenge in United States v. Thomas, 884 F. 2d 540, 542-44 (10th Cir.1989), and this is an issue on which the circuits have been consistent. (emphasis added), cert. denied, 498 U.S. 829, 111 S.Ct. 88, 112 L.Ed.2d 60 (1990); cf. Thomas, 884 F. 2d at 542-43 (Sentencing Guidelines’ restriction of judicial discretion to determine individualized sentence is not violative of due process protections). We likewise reject Harris’s constitut…
• United States v. Ortiz, 993 F.2d 204 (10th Cir. 1993)
  …ll reasonably foreseeable quantities ... that were within the scope of the criminal activity that he jointly undertook.” U.S.S.G. § 1B1.3, comment, (n. 2) (Nov. 1992). See also United States v. Rutter, 897 F. 2d 1558, 1562 (10th Cir.), cert. denied, 498 U.S. 829, 111 S.Ct. 88, 112 L.Ed.2d 60 (1990). Because the government did not seize any drugs, the district court was required to “approximate the quantity,” U.S.S.G. § 2D1.1, comment. (n. 12) (Nov. 1992), and, in doing so, the district court could rely on a…