Home -> Law Blog Directory -> Criminal Law Blogs -> Tenth Circuit Blog

Criminal Law

: Tenth Circuit Blog

Be Sure to Argue Sentencing Issues in a Sentencing Memo; Unargued Claims are Forfeited

By Shari Allison

United States v. Zubia-Torres, ___ F.3d ___, 2008 WL 5274166 (10th Cir. 2008)1. Defendant?s failure to challenge his prior conviction under Nevada law as not categorically a drug trafficking felony was a forfeiture, not a waiver of the argument. The COA tries to give better direction regarding the difference, and says because Defendant never made the argument he could not have ?affirmatively abandoned? it?waiver is abandonment. 2. Defendant?s vague statement during allocution did not preserve the issue for de novo review, and the COA hints that only under unusual circumstances will allocution by a defendant preserve a sentencing issue?Rule 32 objections is the route. 3. The COA agrees that the Nevada law is broad and is not categorically a drug trafficking crime...continue to full post

Full post as published by Tenth Circuit Blog on December 24, 2008 (boomark / email).