Tuesday, November 01, 2011

Phillips v. Addison, 2011 WL 5068099, No. 11-5100 (10-26-11 10th Cir.)(unpublished): equitable tolling of limitations period for filing a federal habeas petition is not justified where attorney made a simple, negligent mistake in calculating the filing deadline

US v. Corley, 2011 WL 5068106 , No. 11-7013 (10th Cir. 10-26-11) (unpublished): a 50-month sentence imposed following revocation of supervised release, which was 4 months above the maximum guidelines range, was substantively reasonable. The supervised release revocation was based on allegations that Mr. Corley possessed meth and a gun. One of the witnesses lied about her meth use. The judge dismissed the gun charge because it was based solely on her testimony and she was not credible, but revoked Mr. Corley based on the drug possession charge. On appeal, the Tenth Circuit affirmed. The sentencing court did not rely on the witness's testimony because it dismissed the gun charge, which was based solely on her testimony, and the meth charge was supported by other evidence. The guidelines allowed for an upward enhancement where the underlying sentence had been based on a downward variance, as this one was.