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| Schultz v. Gonzales, No. 06-9546,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 21, 2007, Filed
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Overview: Exhibits satisfied the requirements of 8 U.S.C.S. § 1229a(c)(3)(B) and 8 C.F.R. §§ 287.6 and 1003.41, and an IJ's reliance on both exhibits to demonstrate an alien's status as an aggravated felon was proper. Receiving or transferring a stolen motor vehicle was an aggravated felony theft offense under 8 U.S.C.S. § 1101(a)(43)(G).
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| United States v. Macias-Gonzalez, No. 05-2234,,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 21, 2007, Filed
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Overview: Court of appeals rejected defendant's claim that district court violated Fed. R. Crim. P. 11 when it offered to vary from U.S. Sentencing Guidelines range if he abandoned fast-track plea agreement he negotiated with the Government because defendant received sentence he would have received under fast-track agreement and he could not show prejudice.
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| United States v. Rodriguez, No. 06-1280,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 21, 2007, Filed
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Overview: Defendant's sentence, including the term of supervised release, was thoughtful and reasoned where the record showed that in deciding whether to impose a supervised-release term the court considered the 18 U.S.C.S. § 3553(a) factors, and focused on the need to deter defendant from further drug use and his need for drug-abuse treatment.
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| United States v. Whaler, No. 06-6154,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 21, 2007, Filed
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Overview: Court of appeals upheld defendant's conviction for possessing pseudoephedrine knowing or having reasonable cause to believe it would be used to manufacture methamphetamine, even though district court did not give jury a separate accomplice-testimony instruction, because another instruction court gave conveyed same message as accomplice instruction.
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| Utah Envtl. Cong. v. Troyer, No. 05-4183,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 21, 2007, Filed
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Overview: Authorization of three projects under the National Forest Management Act of 1976, 16 U.S.C.S. § 1600 et seq., was affirmed where the forest plans under 36 C.F.R. § 219.35(b) properly incorporated the old management indicator species standards, rather than the best available science standard, and expressly referenced the 1982 planning rules.
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| United States v. Acevedo, No. 05-4284,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 22, 2007, Filed
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Overview: District court's failure to articulate its specific reasons for imposing a sentence outside the guideline range, which exceeded even the government's request, was plain error and substantially affected defendant's rights to informed appellate review of his sentence; the sentence was reversed and the case remanded for resentencing.
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| United States v. Reyez, No. 06-2037,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 22, 2007, Filed
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Overview: Defendant's 48-month sentence for violating 8 U.S.C.S. § 1326(a)(1), (a)(2), and (b)(2) was affirmed on appeal because he failed to provide any argument or point to any record evidence to rebut the presumption of reasonableness which arose when he was sentenced within a properly calculated advisory USSG range. Defendant did not challenge the range.
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| United States v. Robles, No. 06-2271,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 22, 2007, Filed
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Overview: Defendant's sentence for assault with dangerous weapon within Indian country under 18 U.S.C.S. §§ 113(a)(3) and 1153 was affirmed because he did not show that the circumstances delineated by him, when viewed in light of 18 U.S.C.S. § 3553(a) factors, were sufficient to transform his presumptively reasonable sentence into one that was unreasonable.
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| Young v. Astrue, No. 06-6275,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 22, 2007, Filed
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Overview: Claimant's generalized and conclusory statements wholly failed to frame or develop any perceived error in a decision by the Commissioner of Social Security, and thus, she waived review of any decisional errors; the district court properly denied the claimant's demand for jury trial because no right to jury trial was provided for in the legislation.
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| Zumwalt v. Astrue, No. 06-6049,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 22, 2007, Filed
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Overview: A Social Security's claimant objection to a magistrate judge's report and recommendation was not sufficiently specific to preserve her right to make her arguments on appeal, and the circumstances of the case were not so exceptional that the interests of justice dictated that the court should have reviewed her appellate arguments.
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