Defendant’s drug quantity stipulation at trial constitutes admission of sentencing fact

SENTENCING United States v. Resendiz-Patino, No. 03-2191, ___ F.3d ___ (10th Cir. Aug. 26, 2005)(New Mexico). Appeal of conviction and sentence for possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). HELD: (1) Where defendant stipulated that 3.97 kilograms of cocaine was seized from his vehicle, but contested only that he knowingly possessed the cocaine, stipulation constituted admission to quantity of cocaine involved in offense. Thus, judge-determined relevant conduct drug quantity of 3.97 kilograms used for sentencing was superfluous and prohibition against judge-found sentencing facts set out in United States v. Booker, 125 S.Ct. 738 (2005), was not violated. (2) Imposition of obstruction of justice sentence enhancement based on judge-found fact that defendant testified falsely at trial did not violate Booker because actual sentence imposed, even with enhancement, was maximum sentence within correctly calculated unenhanced sentencing range. It is actual sentence, not sentencing range, that must be increased upon judge-found facts to violate Booker’s Sixth Amendment rule. Read the opinion here.