A comment re: the SCOTUS cert grant in Tolentino and a couple of 10th cases. First, the S. Ct.

Tolentino v. New York, 2010 WL 2552574 (11/15/10) - This cert grant could very well gut our cherished decision in U.S. v. Olivares-Rangel, 458 F.3d 1104 (10th Cir. 2006). Olivares-Rangel was the best possible decision one could hope for with respect to identity evidence, but now it could be in real danger. In Tolentino, the questions raised include whether identity-related evidence can ever be suppressed, and whether previously-acquired government records, such as motor vehicle records in Tolentino [or A-files, in our cases] are suppressible and when.

10th Cir. cases:

U.S. v. Frakes, 2010 WL 4540306 (11/12/10) (unpub'd) - The d. ct.'s criticism of the bases for certain child porn enhancements did not undermine the guideline calculations. The d. ct. was just discussing § 3553(a) factors, which did not have anything to do with the calculations.

Simmons v. Stus, 2010 WL 4457934 (11/9/10) (unpub'd) - It was correct to dismiss a § 1983 suit for failure to exhaust administrative remedies, even if the prison never told the prisoner there were administrative remedies.