United States v. Richard Louis Durham

Defendant-appellant Richard Durham appeals his conviction for possession of methamphetamine with the intent to distribute it and for using or carrying a firearm in relation to a drug trafficking offense. Durham argues that reversal is required because the government failed to comply with the Jencks Act. The district court imposed a sentence in excess of the applicable guidelines range for the drug trafficking offense. Durham appeals his sentence on the ground that the departure was unwarranted and unreasonable. We affirm the conviction, vacate the sentence, and remand for resentencing.

BACKGROUND

On June 3,1989, Karen Durham, Richard Durham’s wife, placed an anonymous call to the Post Falls, Idaho Police Department to report that persons were either injured or dead at a farmhouse located at 2025 Highway 53 in Rathdrum, Idaho. Police who responded to the call found the bodies of Carl Wooten, Jr. and Tommy Wooten. Carl Wooten was Karen Durham’s son and Tommy Wooten was her ex-brother-in-law. Karen Durham subsequently admitted that she and Richard Durham had been at the farmhouse before she placed the anonymous call to the police. Investigators who examined the farmhouse determined…