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Some Unpublished Decisions

By Shari Allison

U.S. v. Frierson, 2009 WL 190082 (1/28/09) (unpub'd) - An unsuccessful, but clever, attempt to get around an appeal waiver. The defendant asserts the miscarriage of justice exception to an appeal waiver applied because the sentence was based on the impermissible factor of race. The 100-1 crack-to-powder ratio created racial disparities in sentencing, the defendant pointed out. The 10th acknowledged the racial disparities but concluded that did not mean the sentence was based on race. The 100-1 ratio was imposed for a number of reasons, none of them race, the 10th says.U.S. v. Gregory, 2009 WL 213119 (1/30/09) (unpub'd) - The defendant's defense to his assault on a prison guard [microwaved floor wax to the face, ouch] that the assault was an act of war to destabilize the government in order to create an all-white nation in 5 western states was not a valid defense...continue to full post

Full post as published by Tenth Circuit Blog on February 09, 2009 (boomark / email).