From Casetext: Smarter Legal Research

U.S. v. Nichols

United States Court of Appeals, Tenth Circuit
Jun 7, 2005
410 F.3d 1186 (10th Cir. 2005)

Summary

hypothesizing that evidence of fronting arrangement would have allowed reasonable jury to find existence of agreement to distribute between defendant and supplier

Summary of this case from United States v. Gallegos

Opinion

No. 03-3284.

June 7, 2005.

Order on Remand from the United States Supreme Court (S.Ct.04-7292) (D.C. No. 02-CR-40098-01-JAR).

Anthony W. Mattivi, Office of the United States Attorney, Topeka, KS, for Plaintiff-Appellee.

Stephen W. Kessler, Topeka, KS, for Defendant-Appellant.

Before TACHA, Chief Judge, ANDERSON and BALDOCK, Circuit Judges.


Defendant/Appellant Cordell Nichols was found guilty following a jury trial of one count of possession with intent to distribute approximately 4.6 kilograms of heroin, in violation of 21 U.S.C. § 841(a), and one count of conspiracy to distribute in excess of one kilogram of heroin, in violation of 21 U.S.C. § 846. He was sentenced to 360 months' imprisonment, followed by ten years of supervised release. We affirmed his conviction. United States v. Nichols, 374 F.3d 959 (10th Cir. 2004), vacated by ___ U.S. ___, 125 S.Ct. 1082, 160 L.Ed.2d 1054 (2005). The Supreme Court summarily reversed and remanded our decision for further consideration in light of United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Nichols v. United States, ___ U.S. ___, 125 S.Ct. 1082, 160 L.Ed.2d 1054 (2005). We requested that the parties file supplemental briefs on the applicability of Booker and subsequent Tenth Circuit cases.

Nichols did not challenge his sentence in his appeal to this court.

The government and the defendant have both agreed that this case should be remanded to the district court for resentencing, and the government filed "Appellee's Confession of Booker Error and Motion to Remand for Resentencing." Although we note that appellant submitted an over-length brief without seeking permission, we accept it as filed. We GRANT the government's motion to remand.

Accordingly, our previous opinion affirming Nichols' conviction is REINSTATED, and the case is REMANDED to the district court for resentencing.


Summaries of

U.S. v. Nichols

United States Court of Appeals, Tenth Circuit
Jun 7, 2005
410 F.3d 1186 (10th Cir. 2005)

hypothesizing that evidence of fronting arrangement would have allowed reasonable jury to find existence of agreement to distribute between defendant and supplier

Summary of this case from United States v. Gallegos

hypothesizing that evidence of fronting arrangement would have allowed reasonable jury to find existence of agreement to distribute between defendant and supplier

Summary of this case from United States v. Juarez

discussing the use of the two-second rule to establish reasonable suspicion for a traffic stop for following too closely

Summary of this case from Robinson v. State
Case details for

U.S. v. Nichols

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Cordell NICHOLS also…

Court:United States Court of Appeals, Tenth Circuit

Date published: Jun 7, 2005

Citations

410 F.3d 1186 (10th Cir. 2005)

Citing Cases

Nichols v. Hendrix

In 2003, Cordell Nichols was found guilty by a jury of one count of possession with intent to distribute…

U.S. v. Rubio-Sanchez

In short, the initial traffic stop is reasonable if the officer observed a traffic violation or has…