Monday, September 25, 2023

United States v. Canada

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United States v. Canada, 74 F.4th 1304 (10th Cir. 2023): Mr. Canada appealed the denial of his motion to suppress on the grounds the officer...

United States v. Faunce

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United States v. Faunce, 66 F.4th 1244 (10th Cir. 2023): the panel holds it was not plain error for the district court to rely on a sub-sect...

United States v. Griffifth

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United States v. Griffith, 65 F.4th 1216 (10th Cir. 2023): The panel rules that an officer’s expert testimony about Griffith’s lack of credi...

United States v. Wesley, 60 F.4th 1277 (10th Cir. 2023)

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United States v. Wesley, 60 F.4th 1277 (10th Cir. 2023): The panel holds that a motion to reduce the sentence under 18 U.S.C. § 3582(c)(1)(A...
Friday, June 30, 2023

United States v. Spaeth

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United States v. Spaeth, 69 F.4th 1190 (10th Cir. 2023) (to win on collateral constitutional challenges to a plea agreement based on ineffec...
Thursday, June 29, 2023

United States v. Brooks

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United States v. Brooks, 67 F.4th 1244 (10th Cir. 2023) (finding of malice aforethought mens rea does not warrant application of the attempt...
Monday, May 22, 2023

United States v. Booker

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United States v. Booker, 63 F.4th 1254 (2023) Supervised Release Sentencing Short version: Judge should not consider the retribution pron...

United States v. Hayes

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United States v. Hayes, 62 F.4th 1271 (10th Cir. 2023) Fourth Amendment Traffic Stop & Drug Dog Alert Mr. Hayes was driving along I-2...

United States v. Diaz-Menera

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United States v. Diaz-Menera, 60 F.4th 1289 (2023) Sentencing – Guidelines Calculation Money Laundering USSG § 2S1.1; appropriate base level...

United States v. O'Neil

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United States v. O’Neil, 62 F.4th 1281 (10th Cir. 2023) Eyewitness ID; Fourth Amendment/inevitable discovery Short version: Even though la...

United States v. Porter

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United States v. Porter, __ F4th __, 2023 WL 3185043 (10th Cir. May 2, 2023) (CO): The panel agrees with district court that when Porter sai...

United States v. Hunsaker

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United States v. Hunsaker, 65 F.4th 1223 (10th Cir. 2023) (EDOK): The panel reverses the district court’s application of the aggravating rol...

United States v. Anderson

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United States v. Anderson, 62 F.4th 1260 (10th Cir. Mar. 14, 2023) (NM) The panel finds officers had reasonable suspicion to detain Anderson...
Thursday, April 13, 2023

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United States v. Linares, 60 F.4th 1244 (10th Cir. 2023) Guidelines - USSG § 2X1.1(b)(1) Attempt, Solicitation, or Conspiracy (Not Covered b...
Monday, March 27, 2023

Bad result for the defendant in an ACA case

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United States v. Polk, 61 F.4th 1277 (10th Cir. 2023) Holding: A defendant convicted under the Assimilative Crimes Act (ACA) is not eligibl...
Monday, March 20, 2023

What does a district court need to say about the sentence before asking an accused to allocute in order to commit reversible plain error?

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In United States v. Slinkard, 2023 WL 2484934 (10th Cir., Mar. 14, 2023) (NDOK) and United States v. Benitez-Jimenez, 2023 WL 2484646 (10th ...

Vehicle impoundment principles apply to search of backpack; evidence from backpack should have been suppressed

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An important decision rejecting the government’s contention that a warrantless search of personal property does not require the exclusi...