United States v. Cole

── United States v. Cole ── Case No.: 24-8060 Court: Court of Appeals for the Tenth Circuit Date: April 01, 2026 Category: General Appellate Case: 24-8060 Document: 42-1 Date Filed: 04/01/2026 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT April 1, 2026 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 24-8060 (D.C. No. 1:24-CR-00035-NDF-1) CHRISTIAN MATTHEW COLE, (D. Wyo.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT * _________________________________ Before HOLMES, Chief Judge, McHUGH, and FEDERICO, Circuit Judges. ** _________________________________ Christian Cole pleaded guilty to drug trafficking offenses in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B), (b)(1)(C), and 846. The district court varied downward, sentencing Mr. Cole to 240 months in prison. On appeal, he challenges (1) the district court’s application of a two-level enhancement under U.S. Sentencing Guidelines Manual (“U.S.S.G.”) § 2D1.1(b)(4), (2) the procedural reasonableness of * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. ** After examining the briefs and appellate record, this panel has determined unanimously to honor the parties’ request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument.  Appellate Case: 24-8060 Document: 42-1 Date Filed: 04/01/2026 Page: 2 his sentence, and (3) the substantive reasonableness of his sentence. Exercising jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), we affirm. I First, we set out the underlying facts and procedural history. After that, we lay out the relevant legal standards. We then analyze each issue presented by Mr. Cole on appeal. After explaining why each of Mr. Cole’s arguments is unpersuasive, we conclude by affirming his sentence. A Because Mr. Cole does not dispute the factual account of his offense conduct that the Presentence Report (“PSR”) details, our summary of the relevant factual background is based on the PSR. In early 2024, multiple confidential sources told law enforcement that Mr. Cole was transporting narcotics from Colorado to Wyoming. Specifically, each source said Mr. Cole trafficked methamphetamine and fentanyl. Based on these combined tips, law enforcement knew where Mr. Cole lived, what type of vehicles he drove, the location of his drug supply and money, and when Mr. Cole was in town. Law enforcement also learned additional details about Mr. Cole from an inmate at a local detention facility. She told them that Mr. Cole had provided her drugs while she was in custody. A confidential source told law enforcement that Mr. Cole was in town (i.e., Casper, Wyoming). This individual knew Mr. Cole had just returned to Casper from 2  Appellate Case: 24-8060 Document: 42-1 Date Filed: 04/01/202