Friday, April 12, 2013

Unpublished Decisions

U.S. v. Moore, 2013 WL 1362759 (4/5/13) (Col.) (unpub'd) - The 10th suggests there is some support for the notion that giving a defendant more time in prison so he would be cared for in prison would violate Tapia. But here the defendant didn't meet the 3rd prong of the plain error standard that the d. ct. would have imposed a lower sentence absent that concern. The d. ct. had other compelling reasons for imposing a life sentence, instead of the guideline sentence of 30 years, on a 66-year-old man.

U.S. v. Rogers, 2013 WL 1365726 (4/5/13) (Kan.) (unpub'd) - The d. ct.'s statement to the defendant who interrupted the d. ct.'s pronouncement of sentence that, if he tried to diminish his role in the offense, "I'm going to find a way to enhance your sentence," did not deprive the defendant of his allocution right so as to warrant reversal under the plain error standard. The d. ct. eventually heard the defendant out and the defendant's point that he wore a mask during the robbery and couldn't be recognized was not mitigating evidence.