Interesting Unpublished Decisions

U.S. v. Huffman, 2005 WL 2039190 (8/25/05)(unpub'd) - Despite Congress' unintentional screwing up of subdivision references when it amended a relevant statute, a d.ct. does have the power to impose residence in a community corrections facility as a condition of supervised release. This case also contains an interesting discussion about whether it is improper to delegate to a probation officer the power to shorten the length of a defendant's community corrections term. The 10th did not have to resolve that issue.

U.S. v. Hernandez-Baide, 2005 WL 2050270 (8/26/05)(unpub'd) - The defendant's appeal of a sentence was moot where the defendant had completed her prison term and was serving her supervised release term in Mexico. The 10th did not consider the prospect of obtaining a lower supervised release term enough to defeat mootness because the defendant was not within the d.ct.'s jurisdiction and could not be resentenced without entering the country illegally.