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United States v. Tonche, 10th Cir. (2001)
United States v. Tonche, 10th Cir. (2001)
United States v. Tonche, 10th Cir. (2001)
APR 3 2001
PATRICK FISHER
Clerk
vs.
HECTOR TONCHE,
No. 00-3146
(D.C. No. 99-CR-10035-RDR)
(D. Kan.)
Defendant - Appellant.
ORDER AND JUDGMENT *
Before BRORBY, KELLY, and MURPHY, Circuit Judges. **
Hector Tonche pled guilty to conspiracy to distribute a mixture or substance
containing a detectable amount of cocaine hydrochloride, 21 U.S.C. 841(a)(1),
846; 18 U.S.C. 2. He was sentenced to a term of 70 months and 3 years
supervised release. On appeal, he contends that the district court erred in not
finding him a minimal or minor participant in the criminal activity, thereby
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. This court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
*
After examining the briefs and the appellate record, this three-judge
panel has determined unanimously that oral argument would not be of material
assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th
Cir. R. 34.1 (G). The cause is therefore ordered submitted without oral argument.
**
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