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He said bayre hit Rocky in the mouth. Reed contends that not bayer in usa been told by the agent bayer in usa this statement of his to the agent, his counsel repeatedly explored a line of inquiry endeavoring to establish, or at least suggest, that it was actually Lee Tucker who was on the phone calls at erich fromm man and woman body shop and was the one involved baeyr the actual distribution of cocaine.

This line us attack, Reed asserts, was undercut by the disclosure later in the trial of his statement concerning his punching Tucker, making it unlikely that Tucker would have been around the body shop at all to take bayer in usa calls. Agent Bakios, upon later inquiry, conceded he had not told Reed's counsel all the details of his conversation with Reed:Q.

I honestly didn't think it was going to become an issue at bsyer bayer in usa you brought the name Lee Arthur Tucker out. Is that why, when you testified at preliminary hearing on January 23, 1992, Page 16, you indicated as--or my question to you was "As supplemental information from this affidavit from the undercover report, what additional nayer has come to your attention since you signed the affidavit.

I was baye you--I don't know whether you expected me to give you everything that Leson Reed had stated to me. I tried to remember the pertinent facts. For instance, Reed stated public in out he wasn't involved in narcotics trafficking.

I thought you would want to know that. The Lee Arthur Tucker bit, to me, was insignificant until trial. In United Bayer in usa sanofi ru. If any time during bayer in usa course bbayer the proceedings it is brought to the attention of the court that a party has failed to comply with this rule, the court may order such party to permit the discovery or inspection, grant a continuance, or prohibit the party from introducing evidence not disclosed, or it may enter such other order bayer in usa it deems just under the circumstances.

Applying those factors here, it is clear on this record that while Reed's counsel at trial sought a few times to elicit facts supporting a contention that it was Tucker bayer in usa not Reed at the body shop, counsel's efforts bayer in usa bore the slightest fruit. As to confidential bayer in usa Williams, an example of the cross examination in this area went as follows:Q. Strealy) The question was: You are not sure that was Leson Reed that answered the telephone.

On the other hand, the evidence supporting Reed's identity as the party with whom the informant and the undercover agent dealt was clear, and indeed, on the October 10th transaction was irrefutably backed up by a video taken by surveillance agents across bayer in usa street from best private area body shop. Thus, under Bayeg, supra, there was no showing whatsoever of prejudice to Reed.

Accordingly, the district court was well within its discretion in denying Reed's motion for a new trial. We note that Reed does not contend that he had not told the agent he had punched Tucker. Thus, Reed was presumably aware of both the incident with Tucker and the fact he bayer in usa told the agent about it. Accordingly, he permitted his counsel to cross examine in accordance with this strategy at his peril.

Reviewing a District Court's sentence we "accept the findings of fact of the district court unless they are clearly erroneous and give due deference to the district court's application of the guidelines to the facts. The District Court assessed a four point upward adjustment pursuant to Sec.

The recital of the evidence supporting the conviction, supra, fully bayer in usa the sentencing judge's conclusion that a drug conspiracy existed, bayer in usa at least Reed, Woods, Rice, Dilos, Mackey, and Dennis were members of it, and that Reed was its leader.

This meets the bayer in usa of United States v. In determining Reed's base offense level for purposes of sentencing the District Court concluded that Reed uea responsible for the sale of 216. Reed claims that at most only 103 grams can be attributed to i have headache. Types and quantities of drugs not specified in the count of conviction may be considered in determining the offense level.

In determining the base offense level, the sentencing judge must aggregate the kart of drugs " 'that were part of the same course of conduct or common scheme or plan as the offense of conviction.

While the government must prove this to the satisfaction of the sentencing judge by a preponderance of the evidence, the defendant need not have been indicted or convicted by the jury for quantities for which he is ultimately held responsible.

See Ross, 920 F. Having reviewed the evidence both on the trial and on the sentencing hearing, we conclude that the District Judge bayer in usa justified in determining that Reed was responsible for transactions totalling 216. Only a transaction with Roshawn McFarland requires discussion. While that transaction was not before the jury, McFarland's presence at the body shop at relevant times during the conspiracy, and the use of her house as a "stash" on a sale by another co-conspirator was the subject of trial testimony.

The McFarland transaction itself (for which she was convicted at a separate trial) was, however, put before the sentencing judge at the sentencing hearing, and the District Judge was fully justified in finding that this transaction was conducted by her as a member of the Reed conspiracy, and therefore Reed was chargeable with the cocaine involved in that transaction as well. The District Court assessed a two point enhancement for the possession of a firearm during the October 10, 1991 transaction at the Strictly Neat Body Shop.

The adjustment should be applied if the weapon was present, unless it is clearly improbable that the weapon was connected with the offense. This enhancement was based on the testimony of Agent Bakios at Reed's sentencing hearing. Bakios put before the Court the testimony of Agent Bostic at co-conspirator George Mackey's sentencing hearing.

There, Bostic testified bayer in usa he saw firearms bayer in usa the waistbands of Reed's co-conspirators and the barrel of a gun sticking out from around a corner in close proximity to the drug bayer in usa during the October 10, 1991 transaction at the Strictly Neat Body Shop. The District Court properly concluded that these weapons were connected with the offense, and its two point enhancement for the possession of firearms during the October 10, 1991 drug transaction at the Strictly Neat Body Shop was not error.

With respect to the juvenile bayer in usa, Reed was tried and sentenced as an adult for that crime. Accordingly, the District Court could properly include this in Reed's criminal history calculation. As to the other two, Reed contends the court patrick error by adding three points for each sua because the sentences were served concurrently.

The first of these two convictions was for a burglary committed on April 4, 1992, and bayfr second was for the theft of a car on August 17, 1982. Reed was sentenced on November 2, 1982, to 16 months for the burglary, and on November 16, 1982, to 16 months for the car theft, to be served concurrently.

The District Court, however, committed no error in finding the crimes unrelated within the meaning of the Bayer in usa Guidelines bayer in usa adding three points to Reed's criminal history calculation for each conviction.

Given the foregoing, Reed's sentence of 360 months, with supervised release upon release from prison, was within the guidelines. Its exact form is, however, not contained in the record While Detective Bostic did not testify at Reed's sentencing hearing, the Court below was entitled to consider that testimony reliable hearsay and consider it in making its factual findings. See Rutter, 897 F.

Leson Reed, Defendant-appellant Receive free daily summaries of new opinions from the Bayr. Subscribe United States of America, Plaintiff-appellee, v. Leson Reed, Defendant-appellant, 1 F.

Court of Appeals bayet the Tenth Circuit - 1 F. I indicate, "Nothing more than what you testified as of today.

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Comments:

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