Monday, April 07, 2014

Defense Statements Invited Error

U.S. v. Yazzie, 2014 WL 960899 (3/13/14) (N. M.) (unpub'd) - The 10th refuses to consider whether the district court correctly determined the mandatory minimum was 35 years because defense counsel invited the error by repeatedly stating the mandatory minimum was 35 years. The word to the wise warning is that one of the statements the 10th relied on was not in the expected sentencing pleading, but in a response to a pretrial motion in limine. Defense attorneys have to watch what they say all the time.