U.S. v. Tang, 2009 WL 1353755 (5/15/09) (unpub'd) - Regardless of whether the defendant violated Utah's law to keep in the lane as much as practicably possible, the defendant's driving for 7 to 8 seconds for 200 to 300 yards over the line on a curving mountain road gave rise to reasonable suspicion the driver was sleepy or impaired justifying the stop.

U.S. v. Barraza, 2009 WL 1313759 (5/13/09) (unpub'd) - The defendant was charged with transporting two aliens. One transported person testified he was an illegal alien. For the other transportee, the government introduced a signed statement by him that he was an illegal alien. The 10th assumed that was a violation of the Confrontation Clause, but found the error harmless beyond a reasonable doubt because the evidence was overwhelming that the transportee was an illegal alien. The absent transportee was hiding under a van's back seat, the other transportee was an illegal alien and no narcotics were found, excluding an alternative reason for the transportee to be hiding and there was no evidence indicating the transportee was legally here.

U.S. v. Dawson, 2009 WL 1322353 (5/13/09) (unpub'd) - An extra twist on the case law precluding § 3582(c)(2) relief for career offenders. The 10th finds irrelevant the fact that the d. ct. at the initial sentencing considered the crack guideline range [that was subsequently lowered] before selecting the sentence. "He was still sentenced as a career offender," the 10th declares.

Charalambos v. Holder, 2009 WL 1303160 (5/12/09) (unpub'd) - Even though FARC constantly threatened her life and had killed her brother and kidnapped her nephew for two months, the Colombian alien was not entitled to asylum because the FARC persecuted her based on its incorrect belief that she supported the paramilitaries, not because of any actual political belief she held.