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| Smith v. Jordan, No. 06-5200,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 23, 2007, Filed
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Overview: An officer had a reasonable suspicion to stop and search petitioner, although a gun turned out to be a toy cap gun, petitioner dropped a cigarette package containing drugs and paraphernalia during the search, and it was legal for the officer to search the abandoned package because petitioner had no expectation of privacy in the package.
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| United States v. Chacon-Rios, No. 06-4138,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 23, 2007, Filed
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Overview: Evidence that defendant discussed what he was supposed to do to deliver methamphetamine to a third person and was seen leaving a safe house with a package that could have contained drugs was sufficient to sustain defendant's conviction for conspiring with others to distribute methamphetamine and to possess methamphetamine with intent to distribute.
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| United States v. Miranda, No. 05-1103,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 23, 2007, Filed
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Overview: Court of appeals rejected defendant's claim that his guilty plea was not knowing and voluntary because his attorney failed to advise him of the immigration consequences of his conviction, and found that defendant waived his claims that he was denied his right to a speedy trial and indicted after statute of limitations had run when he pled guilty.
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| United States v. Smylie, No. 06-6291,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 23, 2007, Filed
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Overview: A request for a COA was denied because no reasonable jurist would have disagreed with a district court's conclusion that defendant's appeal fell within the scope of his appeal waiver, which was entered knowingly and voluntarily, and that enforcing the waiver would not result in a miscarriage of justice.
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| United States v. Trelles-Alcazar, No. 06-4224,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 23, 2007, Filed
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Overview: Only potential issue to be raised concerned ineffective assistance of counsel in connection with defendant's appeal waiver, and an appeal was not the proper vehicle for that challenge. Such a claim needed to be raised by motion under 28 U.S.C.S. § 2255 rather than by appeal.
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