Filed: Sep. 24, 2007
Latest Update: Mar. 02, 2020
Summary: Opinions of the United 2007 Decisions States Court of Appeals for the Third Circuit 9-24-2007 USA v. Oatman Precedential or Non-Precedential: Non-Precedential Docket No. 06-2097 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2007 Recommended Citation "USA v. Oatman" (2007). 2007 Decisions. Paper 392. http://digitalcommons.law.villanova.edu/thirdcircuit_2007/392 This decision is brought to you for free and open access by the Opinions of the United States
Summary: Opinions of the United 2007 Decisions States Court of Appeals for the Third Circuit 9-24-2007 USA v. Oatman Precedential or Non-Precedential: Non-Precedential Docket No. 06-2097 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2007 Recommended Citation "USA v. Oatman" (2007). 2007 Decisions. Paper 392. http://digitalcommons.law.villanova.edu/thirdcircuit_2007/392 This decision is brought to you for free and open access by the Opinions of the United States ..
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Opinions of the United
2007 Decisions States Court of Appeals
for the Third Circuit
9-24-2007
USA v. Oatman
Precedential or Non-Precedential: Non-Precedential
Docket No. 06-2097
Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2007
Recommended Citation
"USA v. Oatman" (2007). 2007 Decisions. Paper 392.
http://digitalcommons.law.villanova.edu/thirdcircuit_2007/392
This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova
University School of Law Digital Repository. It has been accepted for inclusion in 2007 Decisions by an authorized administrator of Villanova
University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 06-2097
____________
UNITED STATES OF AMERICA
vs.
KENNETH BRENT OATMAN,
Appellant
____________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
(D.C. Crim No. 05-CR-00073-4 )
District Judge: Honorable Eduardo C. Robreno
____________
Submitted Under Third Circuit L.A.R. 34.1(a)
September 18, 2007
Before: SLOVITER, SMITH and WEIS, Circuit Judges.
(Filed: September 24, 2007)
____________
OPINION
WEIS, Circuit Judge.
Defendant Kenneth Oatman was convicted by a jury of conspiring to
distribute and possess with the intent to distribute more than 100 kilograms of marijuana
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in violation 21 U.S.C. § 846. He was sentenced to 115 months incarceration, four years
of supervised release, and received a fine.
On appeal, defendant contends that:
1. The evidence was insufficient to convict him of conspiracy to distribute
more than 100 kilograms of marijuana;
2. The District Court erred in holding that he had voluntarily waived his
Miranda rights; and
3. The District Court did not properly calculate his criminal history
category under the Sentencing Guidelines.
Our review of the record in the light most favorable to the government
persuades us that there was adequate evidence to convict Oatman of participation in a
drug conspiracy involving more than 100 kilograms of marijuana.
Evidence showed that Oatman became acquainted with co-defendant Ross
and several other individuals in Lancaster County, Pennsylvania. The group arranged to
buy marijuana from Oatman who lived in Oklahoma and had sources in Texas and
Mexico to secure the drug. The Pennsylvania participants drove to Oklahoma and Texas
with cash to purchase the marijuana from Oatman and then carried it back to
Pennsylvania.
One witness testified that his brother made at least 15 to 20 trips to pick up
marijuana from Oatman or from Oatman’s source, averaging 50 pounds each trip. This
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was more than sufficient evidence from which a jury could conclude that Oatman was
involved in a conspiracy to distribute more than 100 kilograms of marijuana.
After defendant was arrested, he was transported by a DEA agent to federal
court. On the way, the agent read Oatman his Miranda rights. Oatman nevertheless
opened a conversation with the agent and offered to set up drug transactions for him. The
district judge denied suppression of the statement, finding that defendant voluntarily,
knowingly, and intelligently waived his rights. We conclude that the District Court did
not err in that finding.
Defendant has also filed a pro se brief asserting that the government failed
to establish when the conspiracy took place. He contends that the indictment was
improperly amended when the trial court permitted evidence of conduct that occurred
before February 2004, the beginning date set out in the indictment. We conclude that
there was no prejudicial amendment of the indictment. See United States v. Somers,
496
F.2d 723, 743 (3d Cir. 1974).
Oatman also challenges the sentence, asserting that the trial court
miscalculated the applicable Guidelines criminal history category. The government
concedes that the District Court should not have applied §§ 4A1.1(d) and (e) because it
did not count the misdemeanor convictions under § 4A1.1(a) or (b). According to the
government, the end result of this error is that Oatman should have been assigned four
criminal history points rather than seven, reducing the applicable sentencing range from
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92-115 months to 78-97 months. Oatman argues, however, that he should only have been
assigned three criminal history points because the District Court also improperly imposed
a criminal history point under § 4A1.1(c). We leave it to the District Court to determine
the appropriate adjustment.
The judgment of conviction will be affirmed, but the case will be remanded
for resentencing.
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