Tenth Circuit: United States v. Francis


Challenge to sentencing factor element waived, as not raised at trial, and appeal does not cite plain error standard.

Police testimony that the recipient confidential informant had criminal record suffices to establish unlawful sale sentencing factor.

Insufficient proof to establish that deft thought that the informant was among the class of prohibited recipients for trafficking enhancement.

Imposition of sex-offender treatment without relevant findings was plain error, but no violation of substantial rights, given that treatment ordered earlier wasn't completed.

https://www.ca10.uscourts.gov/opinions/16/16-1449.pdf