United States v. Keck
643 F.3d 789
| 10th Cir. | 2011Background
- Barry Keck led a Wyoming-based drug conspiracy to distribute methamphetamine across several Mountain West states.
- Keck regularly traveled to Oregon to obtain drugs for distribution in Wyoming, Montana, and South Dakota.
- In 2008–2009, DEA and Wyoming DCI conducted a multi-source investigation and obtained court authorization to intercept Keck’s mobile phone communications.
- Agents intercepted 8,078 calls and 3,181 were relevant to the conspiracy, including discussions of distribution, pricing, and wire transfers.
- Keck’s teenage daughter testified she wired money to Oregon and helped move proceeds, tying family involvement to the conspiracy.
- Keck was charged in 2009 with seven drug-distribution conspiracy counts and one money-laundering conspiracy count, was tried to a jury, and convicted on all counts; he received a life sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for drug conspiracy | Keck argues evidence fails to show agreement and knowledge | Keck contends testimony insufficient and credibility issues | Evidence supports conspiracy beyond reasonable doubt |
| Sufficiency of evidence for money-laundering conspiracy | Keck claims lack of proof money transfers tied to laundering | Keck argues testimony insufficient without direct transfer uses | Evidence sufficient: transfers tied to drug purchases and laundering scheme |
| Evidentiary rulings—daughter’s sentence exhibits and MoneyGram records | Keck alleges ruling harmed defense; confrontation issue | Keck contends records are testimonial prejudice | Exhibits properly limited; MoneyGram records non-testimonial business records; no Confrontation Clause error |
| Harmlessness of any sentencing-guideline error | Agrees one miscalculation occurred; asserts life sentence was affected | Error harmless; advisory range remained life sentence | Error was harmless; sentence affirmed |
Key Cases Cited
- United States v. Magallanez, 408 F.3d 672 (10th Cir. 2005) (preponderance standard governs sentencing facts; not bound by jury's reasonable-doubt findings)
- United States v. Evans, 970 F.2d 663 (10th Cir. 1992) (elements of conspiracy, interdependence and knowledge)
- United States v. Yeley-Davis, 632 F.3d 673 (10th Cir. 2011) (business records non-testimonial; Confrontation Clause not violated for MoneyGram spreadsheets)
- United States v. Byors, 586 F.3d 222 (2d Cir. 2009) (application Note 2(C) analysis in money-laundering cases; obstruction enhancements across related offenses)
- United States v. Kristl, 437 F.3d 1050 (10th Cir. 2006) (standards for reviewing sentencing procedures; harmless-error framework)