Unpublished Decisions

U.S. v. Gray. 2013 WL 792707 (3/5/13) (Wyo.) (unpub'd) - The 10th discusses a circuit split as to whether there must be a nexus between the crime of conviction and reckless endangerment to justify a reckless endangerment enhancement under § 3C1.2. The 10th declines to address the issue because it thinks there was a nexus in this case. The defendant must have known that the police were stopping him to detain him for his meth-related activities, since he had been a CI whose identity was inadvertently released and who had been engaging in drug activity, including possessing meth in the car he was driving when he recklessly endangered folks.

U.S. v. Mowery, 2013 WL 828827 (3/7/13) (N.M.) (unpub'd) - Although defense counsel may have given the defendant "bad advice" concerning the initial 15-year 11(c)(1)(C) plea offer [i.e., counsel advised rejecting the plea because he could get a better deal; the defendant ultimately got a deal that resulted in a 24-year sentence] and may have been "inattentive" during the sentencing hearing, it was indisputable that counsel performed reasonably. I'm not making this up.