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Tenth Circuit Blog 
Commentary and summaries of cases before the Denver-based 10th U.S. Circuit Court of Appeals.
Post Frequency: 2.7/day Last Entry: August 28, 2020 at 17:58:00 Recent Entries: 672
By Shari Allison
Go to Tenth Circuit Blog, find other Criminal Law blogs, or browse all law blogs.
Sentence Reversed Because District Court Underestimated Its Discretion
Posted on January 03, 2008U.S. v. Garcia-Salas, 2007 WL 4553913 (12/27/07)(unpub'd) - The 10th reverses the district judge for thinking he had less discretion than he really had. The defendant's grounds for variance included: (1) his prosthetic leg made his prison conditions bad; (2) he was a good stay-at-home father with two kids and he worked devotedly in a group that tried to discourage teenagers from having children; and (3) he suffered lots of traumas as a child, e...
Out with the Old, In with the New (Rules): 10th Circuit Rules Changes and Forms Effective Jan. 1, 2008
Posted on January 02, 2008The new rules (available here on the Tenth Circuit's website)don't change much, but be sure to download the new version of the docketing statement. The most significant change is something that affects the government. New Rule 27 explicitly discusses the government's motion to enforce an appeal waiver...
Tenth Circuit Decisions
Posted on January 02, 2008A few 10th Circuit cases:U.S. v. Shurtz, 2007 WL 4418180 (12/19/07)(Published) - Another imaginative defense argument bites the dust. The defendant argued 21 CFR § 1038.12(d) required the government to prove the meth he possessed was of sufficient quantity to have a stimulant effect on the central nervous system...
Suppression of Statements Taken In Violation of Miranda Affirmed
Posted on December 21, 2007US v. Revels, No. 06-5223 (12/20/07): Government took interlocutory appeal from order of district court suppressing defendant?s statements for Miranda violation and Tenth Circuit affirmed. Defendant and her boyfriend were in bed when cops executed search warrant at 6:00 a...
Speedy Trial Act Violated; District Court Gets to Decide if Dismissal Should Be With Prejudice
Posted on December 21, 2007US v. Williams, No. O6-5036 (12/20/07): Dismissal ordered for violation of Speedy Trial Act; case remanded for determination of whether dismissal should be with or without prejudice. On October 10, 2004, the defendant was indicted on charges of possession of crack with intent, possession of a firearm in connection therewith, and felon in possession of the firearm...
Dirty License Plate Grounds for Stop; Lengthy Detention and Search OK
Posted on December 21, 2007U.S. v. Lyons, --- F.3d ----, 2007 WL 4395442 (10th Cir. Dec. 18, 2007)Stop of vehicle at night for a dirty and hard to read license plate was valid, because it was a violation of Kansas law to have an obscured plate. Even though cop wiped the dirt off the registration sticker and read it before talking to driver/D, driver was still in violation of law (unlike 10th Cir...
Denial of Motion to Withdraw Guilty Plea Upheld
Posted on December 21, 2007U.S. v. Hamilton, --- F.3d ----, 2007 WL 4393257 (10th Cir. Dec. 18, 2007)The 10th upholds the district court?s denial of D?s motion to withdraw his plea based on ineffective assistance of counsel (no abuse of discretion in denying the motion). (D pleaded guilty to drugs and gun+drugs)...
Conspiracy to Commit 2nd-degree Burglary Not an ACCA Predicate
Posted on December 21, 2007U.S. v. Fell, --- F.3d ----, 2007 WL 4395444 (10th Cir. Dec. 18, 2007) Nice defense victory, holding that conviction of Colorado conspiracy to commit second degree burglary is not a violent felony under ACCA, after analyzing the statute under James v...
Tenth Affirms Within-GL Sentence Post-Gall
Posted on December 21, 2007U.S. v. McComb, --- F.3d ----, 2007 WL 4393142 (10th Cir. Dec. 18, 2007). A first, not very elucidating grappling with Gall, in an opinion by Gorsuch, in which a within guidelines sentence at the low end is deemed reasonable. There is the discussion of procedural and substantive reasonableness...
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U.S. Supreme Court cases must be followed by all courts nationwide. State Suprem...
Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...
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You have to write and submit articles, with backlinks to your blogsite....
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