Tenth Circuit affirms conviction, sentences

U.S. v. Williams, -- F.3d --, 2005 WL 3462795 (10th Cir. 12/19/05) - 2-offense level enhancement for possession of a dangerous weapon in connection with a drug trafficking offense was proper as Mr. Williams did not meet his burden to show it was "clearly improbable" that his gun was connected to cocaine distributing. There was no plain Sixth Amendment error in the district court's finding of the underlying facts for the enhancement because the sentence imposed was within the maximum authorized by the facts Williams admitted. The non-constitutional Booker error did not meet the 4th prong of the plain error test. While the sentence was at the bottom of the GLs range, the district court did not indicate it was too high.

U.S. v. Waldroop, -- F.3d --, 2005 WL 3462801 (10th Cir. 12/19/05) - there was sufficient evidence of bank fraud and conspiracy to commit bank fraud, based on evidence that Mr. Waldroop knew he was deceiving the bank re: nominee loans. The jury didn't buy evidence to the contrary. Constitutional Booker error was harmless as the record indicated the district court would not have given a lower sentence if it thought it could. District court properly excluded amount of civil settlement in calculating actual loss.