Unpublished Decisions

U.S. v. Kundo, 2017 WL 3084628 (7/20/17) (Ut.) (unpub'd) - Three judges different than those who decided U.S. v. Autobee, 2017 WL 2871893 (7/6/17) (unpub'd) agree with the conclusion reached in Autobee, without mentioning Autobee, that a § 2255 Johnson challenge to a § 924(c) conviction is untimely. So this does not bode well for the rehearing petition in Autobee, which did at least prompt the 10th to order the government to respond to the petition.

U.S. v. Muhtorov, 2017 WL 3098109 (7/21/17) (Col.) (unpub'd) - The 10th overturns a release order for a man charged with conspiring to provide resources to a foreign terrorist organization, the Islamic Jihad Union, where the defendant has been detained for five and a half years. The district court thought the government's case had weakened since the court had twice before denied Mr. Muhtorov's requests for release. The 10th disagreed on de novo review with the lower court's assessment in that regard. Mr. Muhtorov was still a danger and a flight risk, the 10th concludes. Oddly, there is no discussion of the due process limits on a detention length. At some point, due process is implicated the longer a defendant is detained, even if the danger and flight risks don't change.