from the District Court of Natrona County The Honorable
Daniel L. Forgey, Judge
Representing Appellant: Pro se
Representing Appellee: Peter K. Michael, Wyoming Attorney
General; David L. Delicath, Deputy Attorney General;
Christyne M. Martens, Senior Assistant Attorney General;
James Michael Causey, Senior Assistant Attorney General
BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.
Kevin Simms appeals from the denial of his motion for
sentence reduction. His sentence required three concurrent
Wyoming sentences for drug offenses to be served
consecutively to a federal sentence for possession of a
firearm by a felon, which was imposed earlier. His
unsuccessful motion asked the Wyoming district court to
modify its sentences to run them concurrently with the
federal sentence. As noted below, he asks for different
relief on appeal. We affirm.
Simms expressly raises two issues, but his brief appears to
advance a third. We therefore restate his claims as follows.
1. Did the district court abuse its discretion in denying the
sentence reduction motion without a hearing?
2. Did the district court err in failing to sua
sponte grant credit against Simms's federal sentence
for presentencing confinement served in state custody in
relation to his Wyoming prosecution?
3. Did the district court err in failing to sua
sponte require his state sentences to be served before
his federal sentence?
On October 11, 2013, law enforcement officers in Natrona
County supervised a confidential informant's controlled
purchase of fifty-five grams of a synthetic cannabinoid from
Simms. Four days later, they learned from
Christopher Cranford that he and Simms had been selling the
substance for about two years. They ordered the powdered
chemical from China for approximately $1, 000 per kilogram
and transformed it into "spice" by dissolving it in
grain alcohol or ether and then spraying the solution on an
unidentified leafy material. Each kilogram yielded
approximately fifty-nine pounds of spice. Cranford was in the
process of turning his share of the enterprise over to Simms,
and to that end introduced him to one of his clients, Becky
On November 18, 2013, the officers spoke to Browning. Between
May 2012 and February 2013 she purchased spice exclusively
from Cranford. Thereafter, until October 2013, she bought it
exclusively from Simms. In each case she obtained two to
three pounds ...