(Download) "United States v. Walls" by United States Court of Appeals for the Tenth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Walls
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 13, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Defendant-Appellant Felix Walls ("Walls") appeals his life sentence resulting from convictions for one count of conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine in violation of 21 U.S.C. § 846 and one count of conspiracy to launder money in violation of 18 U.S.C. § 371. Walls, through his attorney, makes five arguments: (1) the district court erred when it imposed an enhancement under U. S. SENTENCING GUIDELINES MANUAL ("U.S.S.G.") § 3B1.1 (2005), because the district judge did not find that Walls controlled the actions of others; (2) the life sentence imposed is substantively unreasonable in light of the 360-month sentence imposed after Wallss first trial, Wallss age, the age of the offenses, the lack of need for further training, and the fact that like convictions have not resulted in life sentences; (3) the district court erred in determining that certain sentencing decisions were "the law of the case"; (4) the district court failed to make a proportionality review before imposing a life sentence; and (5) Wallss convictions are void because Title 21 was never published in the Federal Register, as required by 44 U.S.C. § 1505. Walls also filed a pro se brief arguing that the district court could not legally sentence him for either conviction because: (1) both convictions are barred by the statute of limitations; and (2) the district judge prejudicially instructed the jury that it had to find Walls guilty.