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Unpublished Decisions

By Shari Allison

U.S. v. Rivera-Carrera, 2010 WL 2926543 (7/28/10) (Wyo) (unpub'd) - The 10th acknowledged it was doubtful a conspirator's explanation of the players involved in a conspiracy to an unconnected bystander was "in furtherance" of the conspiracy under the co-conspirator-hearsay rule. But the error was harmless. Also, the d. ct.'s finding that the defendant's testimony was "at total variance from that of other witnesses" and represented a "total denial" did not constitute the finding of "wilful lying" required to justify a perjury/obstruction of justice enhancement. But the "sweeping and material nature of the defendant's false denials" established the judge correctly applied the enhancement. U.S. v. Weiss, 2010 WL 2911718 (7/27/10) (Colo) (unpub'd) - The 10th suggests it would not be witness tampering in violation of 18 U...continue to full post

Full post as published by Tenth Circuit Blog on August 04, 2010 (boomark / email).