The 10th U.S. Circuit Court of Appeals rejected an argument by Irven Douglas "D" Adams that a trial judge erred by having a jury in a single trial determine both his guilt and the factors that increased his sentence, such as amount of drugs sold and whether a dangerous weapon was used in the transactions.

In addition, the Denver-based 10th Circuit upheld the decision by U.S. District Judge Dale Kimball in Salt Lake City to try Adams on all 17 charges against him at once, rather than holding two separate trials. Adams said in his appeal that he wanted to testify regarding some of the counts while avoiding being cross-examined on other counts.

Adams ultimately decided to testify at his 2004 trial, which gave prosecutors wide latitude in questioning him.

"There is no prejudice to Mr. Adams where his decision to testify and the content he chose to discuss on direct became the basis for cross-examination," the 10th Circuit said in its decision, issued Tuesday. "Even if there were some prejudice to be found here, it would not outweigh the cost of saddling the court, parties, and witnesses with separate trials requiring presentation of repetitious evidence and testimony."

Adams, owner of three Up in Smoke stores and the Discount Cigarette Factory Outlet, was one of 24 people indicted in 2003 on charges of running a methamphetamine ring. Investigators alleged that the operation sold hundreds of pounds of the drug and raked in nearly $5 million from 2001 to 2003. The ring hid the money by funneling it through Adams' businesses, prosecutors said.

All the defendants except Adams pleaded guilty, including Niels Orrin Yergensen, who authorities said was the main leader in the cartel. Yergensen received a 20-year term. Almost $1 million in assets - including cash, homes, cars, boats, snowmobiles and jewelry - was forfeited in the case.

At trial, prosecutors painted Adams as a drug kingpin who once had two underlings confront his landlord, who owed him thousands of dollars for a loan to start a construction business. The underlings allegedly cut off the tip of one of his landlord's fingers and informed him that he would sell drugs - the man complied, according to the prosecutors.

Adams' defense attorney countered that his client was a former paid informant known as Big Daddy Delicious, who was betrayed by the government after he fell out of favor, then "served up" by participants in the drug ring who cut deals for reduced sentences.

After hearing nearly three weeks of testimony, jurors returned with a guilty verdict on all 17 drug and money-laundering counts, as well as finding that Adams had possessed at least 50 grams of meth and laundered $312,085. The jury also decided Adams was an organizer or leader of a criminal activity that involved at least five participants.

In the federal justice system, Adams has no opportunity for parole.

pmanson@sltrib.com