_ Appeal from the United States District Court for the District of Colorado (D.C. 21-1422 QUINDELL TYREE MALOID, Defendant-Appellant. ![]() Wolpert Clerk of Court UNITED STATES OF AMERICA, Plaintiff-Appellee, v. Supreme Court.Īppellate Case: 21-1422 Document: 010110877556 Date Filed: Page: 1 PUBLISH FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS JFOR THE TENTH CIRCUIT _ Christopher M. 2400 (2019), to the Commission’s commentary absent clear direction from the U.S. To this, the Court held that in the Tenth Circuit, the commentary in the Guidelines Manual governs unless it runs afoul of the Constitution or a federal statute or is plainly erroneous or inconsistent with the guideline provision it addresses. The issue this case presented for the Tenth Circuit Court of Appeals was the weight to be given to this commentary from the U.S. After counting Maloid’s prior conspiracy conviction as a crime of violence, the district court sentenced him to 51 months’ imprisonment, the low end of the range. ![]() Sentencing Guidelines Manual, conspiracies to commit crimes of violence count as crimes of violence and markedly increase a defendant’s advisory guideline range. Years earlier, he pleaded guilty in Colorado state court to conspiring to commit felony menacing with a firearm. ![]() Defendant-appellant Quindell Maloid pleaded guilty to being a felon in possession of a firearm.
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