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| Robinson v. Robinson, No. 06-1170,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 27, 2007, Filed
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Overview: District court erred when it dismissed former employee's action alleging that a county sheriff and a sergeant violated his rights under Fourth and Fourteenth Amendments to U.S. Constitution because they withheld exculpatory evidence they obtained during investigation into allegations that he engaged in acts of sexual misconduct with female inmates.
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| United States v. Cerno, No. 06-2203,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 27, 2007, Filed
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Overview: Appellate court lacked jurisdiction to hear defendant's appeal from district court's judgment convicting him of aggravated sexual abuse in Indian Country because defendant filed his appeal 27 days after the 10-day period allowed under Fed. R. App. P. 4(b) expired, and his claim that he did file a timely appeal because he was young was insufficient.
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| United States v. Chapman, No. 06-3355,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 27, 2007, Filed
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Overview: COA under 28 U.S.C.S. § 2253(c)(2) was denied because prisoner's 28 U.S.C.S. § 2255 petition was clearly time-barred, even counting from resentencing. Prisoner was aware at resentencing that the government did not ask court to reduce his sentence to 20 years. A conclusory assertion of actual innocence was insufficient to justify equitable tolling.
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| United States v. Flynn, No. 06-7024,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 27, 2007, Filed
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Overview: District court did not improperly instruct the jury at defendant's trial by refusing to give an instruction regarding involuntary intoxication because, although there was evidence defendant consumed alcohol on the day of the crime, defendant failed to point to any evidence of mental impairment sufficient to negate the existence of specific intent.
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| United States v. Gatewood, No. 06-3048,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 27, 2007, Filed
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Overview: Defendant's 97-month sentence for a violation of 18 U.S.C.S. § 922(g) after child shot himself was proper because district court's duty on remand after Booker was solely to reconsider the sentence by applying 18 U.S.C.S. § 3553(a) factors and considering USSG as advisory only. All fact issues and all other law issues remained the law of the case.
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| United States v. Lowe, No. 06-5021,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 27, 2007, Filed
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Overview: An order setting forth defendant's restitution payment schedule requiring the greater of $ 25 quarterly or 50% in income was not in violation of 18 U.S.C.S. § 3664(f) nor prohibited by United States v. Overholt because the ability of the Bureau of Prisons to change defendant's payment schedule based upon the receipt of family gifts was permissible.
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| United States v. Montero-Montero, No. 06-3300,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 27, 2007, Filed
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Overview: District court did not err when it used defendant's prior conviction for drug trafficking to determine offense level and defendant's criminal history category under USSG § 2L1.2 after defendant pled guilty to unlawfully reentering the U.S., and court of appeals found that 70 months' imprisonment was reasonable, given defendant's criminal history.
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| United States v. Powell, No. 06-1201,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 27, 2007, Filed
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Overview: Although district court erred when it allowed an FBI agent to testify during defendant's trial on drug charges that three nontestifying conspirators pled guilty to drug charges, the court of appeals found that neither that error nor other errors district court committed warranted reversal, either by themselves or because of their cumulative effect.
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| United States v. Solano-Ramos, No. 06-2153,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 27, 2007, Filed
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Overview: Only fact issue was the existence of the state court conviction, and defendant could not have attacked the validity of his previous conclusively valid state court conviction. Defendant had not made any allegations of factual inaccuracy and thus the district court's fact-finding obligation under Fed. R. Crim. P. 32(i)(3)(B) was never triggered.
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| United States v. Williams, No. 05-2345,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 27, 2007, Filed
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Overview: Court of appeals affirmed the district court's finding on remand that, based on USSG § 2D1.1, cmt., application n. 12, defendant conspired with others to possess 2,500 pounds, or 1,134 kilograms, of marijuana because the court had commented in its order of remand that the district court could find that the agreed upon amount was up to 2,500 pounds.
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