Tuesday, January 24, 2012

U.S. v. Games-Perez, -- F.3d --, 2012 WL 171873 (10th Cir. 1/23/12) (CO) - the district court properly denied Mr. Games-Perez's motion in limine claiming he did not know he was actually a felon while on probation for a felony offense and thus could not be convicted under § 922(g)(1) for felon in possession. Mr. Games-Perez pleaded guilty to felony attempted robbery and was to serve a 2-year term of probation, after which he would be allowed to withdraw his guilty plea and have the charges dismissed. The COA finds it was made clear to him that possession of a firearm would violate his probation and that he knew he was losing the benefit of his bargain when he picked up a gun while on probation. Thus his case falls under Capps and the only knowledge required was that the instrument possessed was a firearm.

Rhodes v. Judiscak, -- F.3d --, 2012 WL 171917 (10th Cir. 1/23/12) (NM) - Mr. Rhodes is denied the habeas relief he sought under § 2241--a declaration that his sentence was excessive--because he is no longer in prison. The COA lacked authority to grant Mr. Rhodes a shorter term of supervised release. Success by Mr. Rhodes in getting the declaration he wanted may or may not have aided him in a future petition seeking a shorter term of supervised release and thus the Tenth decides his petition is moot. It recognizes that there is conflicting circuit authority on this issue.