Did Cumulative Errors Adversely Affect Mr. Nichols Right to a Fair Trial?
In his final claim regarding the guilt phase of his trial, Mr. Nichols argues the accumulation of all the errors committed in his case entitles him to a reversal of his conviction. Because we have noticed no errors in the proceedings, there can be no cumulative error. “Cumulative error analysis applies where there are two or more actual errors; it does not apply to the cumulative effect of non-errors.” Moore v. Reynolds, 153 F.3d 1086, 1113 (10th Cir. 1998), petition for cert. filed, ___ U.S.L.W. ___ (U.S. Jan. 15, 1999) (No. 98-7699). VII. Did the District Court Err by Sentencing Mr. Nichols Under 1994 U.S.S.G. 2A1.1–the Guideline for First-Degree Murder–Rather Than 1994 U.S.S.G. 2K1.4–the Guideline for Arson and Property Damage By the Use of Explosives? In his first claim relating to sentencing, Mr. Nichols contends the district court erred when it sentenced him based on 1994 U.S.S.G. 2A1.1, the guideline for first-degree murder, instead of 1994 U.S.S.G. 2K1.4, the guideline for a
