U.S. v. Torrez-Chavez, 2011 WL 465489 (2/10/11) (N.M.) (unpub'd) - While acknowledging a few unpublished decisions presumed a below-guideline-range sentence to be reasonable, this particular panel suggests such a sentence would not be entitled to that presumption. In any event, the fact that a sentence is below the guideline range is strong evidence the d. ct. carefully considered the § 3553(a) factors. The 45-month reentry sentence---25 months below the range---was reasonable.

U.S. v. Hartley, 2011 WL 441700 (2/9/11) (Wyo.) (unpub'd) - An upward variance from 30-37 months to 48 months for being a felon in possession of a firearm was reasonable because the defendant was serving 3 separate probations at the time of the offense. § 4A1.1(d)'s points for being under a criminal justice sentence only accounted for one of the probations.

U.S. v. Guerrero-Sanchez, 2011 WL 465851 (2/10/11) (Kan.) (unpub'd) - The 10th finds a traffic stop and search that lasted 3 hours before the officers found something to be consistent with the 4th Amendment. Reasonable suspicion then consent to search and then probable cause to search kept the detention lawful.

Titsworth v. Mullen, 2011 WL 379322 (2/7/11) (Okl.) (unpub'd) - Even though the habeas petitioner presented evidence calling into "serious" question the use of all five of his prior convictions as prior felonies, he cannot overturn his conviction that was based on those priors because, under the actual innocence standard, he did not carry his burden to prove more likely than not that no reasonable juror would have convicted him.