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United States v. Townley

United States v. Townley

United States Court of Appeals for the Tenth Circuit

January 10, 2007, Filed

No. 05-8066

Opinion

 [*1270]  McKAY, Circuit Judge.

Appellant Rodney Joe Townley appeals his conviction for conspiracy to possess with intent to distribute more than 500 grams of methamphetamine, 21 U.S.C. §§ 841(a)(1), 841 (b)(1)(A)(viii), and 846; two counts of possession with intent to distribute less than 50 grams of methamphetamine, 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C); and possession with intent to distribute less than 50 grams of cocaine, 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C). Appellant argues that: (1) the admission of hearsay statements violated his Sixth Amendment confrontation right under [**2]  Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177 (2004); (2) the erroneous enhancement of his sentence was unreasonable in light of United States v. Booker, 543 U.S. 220, 125 S. Ct. 738, 160 L. Ed. 2d 621 (2005); and (3) the calculation of his criminal history violated Booker and Shepard v. United States, 544 U.S. 13, 125 S. Ct. 1254, 161 L. Ed. 2d 205 (2005).

I. BACKGROUND

On July 20, 2004, Appellant was arrested at the Days Inn in Casper, Wyoming following a report by a motel employee of suspicious activity in Appellant's room. At the time of his arrest, Appellant was found in possession of 13.05 grams of methamphetamine, 12.59 grams of cocaine, drug distribution materials including plastic bags and a digital scale, drug paraphernalia, a safe, wire transfer receipts, and $ 4,394 in cash. Eva Carvajal, Appellant's one-time girlfriend, was present in the motel room, and police encountered and detained two individuals, Robert Anthoney Ritchie and Rhonda Sprayberry, as they were leaving Appellant's room. Police found drugs on Mr. Ritchie and drug paraphernalia on Ms. Sprayberry.

As a result of this arrest, Appellant was charged in state court with [**3]  felony possession of cocaine and methamphetamine and possession with intent to distribute both substances. After posting a $ 3,000 bond, Appellant was released. Appellant failed to appear at a preliminary hearing, and a bench warrant was issued for his arrest.

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472 F.3d 1267 *; 2007 U.S. App. LEXIS 454 **; 72 Fed. R. Evid. Serv. (Callaghan) 226

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. RODNEY JOE TOWNLEY, Defendant-Appellant.

Subsequent History: US Supreme Court certiorari denied by Townley v. United States, 127 S. Ct. 3069, 168 L. Ed. 2d 777, 2007 U.S. LEXIS 8871 (U.S., June 29, 2007)

CORE TERMS

conspiracy, sentence, district court, coconspirators, methamphetamine, testimonial, enhancement, conversations, criminal history, motel room, arrest, hearsay, interrogation, tape-recorded, declarant, telephone, two-level, preponderance of evidence, gram of methamphetamine, dangerous weapon, confrontation, calculated, distribute, correctly, argues, weapon

Constitutional Law, Fundamental Rights, Criminal Process, Right to Confrontation, Criminal Law & Procedure, Standards of Review, Abuse of Discretion, Evidence, De Novo Review, General Overview, Evidence, Statements as Evidence, Hearsay, Exemptions, Statements by Coconspirators, Rule Components, Truth of Matter Asserted, Right to Jury Trial, Sentencing, Imposition of Sentence, Sentencing Guidelines, Clearly Erroneous Review, Findings of Fact, Appeals, Proportionality & Reasonableness Review, Harmless & Invited Error, Possession of Weapons, Unregistered Firearm, Penalties, Adjustments & Enhancements