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| United States v. Gutierrez-Ayala, No. 05-1324,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2006, Filed
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Overview: Weapon-related enhancement of defendant's sentence for narcotics distribution based on U.S.S.G. § 2D1.1(b)(1) (2003) was affirmed over defense claim that district court wrongly relied on hearsay evidence to establish display of weapon in connection with sale because rule in Booker was not violated and there was sufficient indicia of reliability.
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| United States v. Jordan, No. 05-5093,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2006, Filed
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Overview: Defendant's sentence for possession of a firearm by a felon in violation of 18 U.S.C.S. §§ 922(g)(1), 924(a)(2) was affirmed because an enhancement under U.S. Sentencing Guidelines Manual § 2K2.1(b)(5) was proper where a finding that weapons were possessed in connection with the offense of drug distribution was not clearly erroneous.
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| United States v. Marshall, No. 05-6316,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2006, Filed
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Overview: Defendant's conviction for possession of counterfeit United States Federal Reserve notes with intent to defraud in violation of 18 U.S.C.S. § 472 was affirmed because there was sufficient evidence in the record from which a reasonable jury could have found that defendant had the requisite intent to defraud.
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| United States v. N.J.Y., No. 05-8064,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2006, Filed
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Overview: Where a juvenile confessed after exiting an FBI agent's car, going back into his home, and reentering the car after the agent yelled into the home that the juvenile was not being truthful, Miranda warnings were not required because the juvenile was not in custody, having been told that he was not under arrest and that he could leave at any time.
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| United States v. Obando-Landa, No. 05-2313,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2006, Filed
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Overview: Defendant's sentence for reentry of a deported alien previously convicted of an aggravated felony in violation of 8 U.S.C.S. § 1326(a)(1), (a)(2), (b)(2) was affirmed because a 16-level enhancement under U.S. Sentencing Guidelines Manual § 2L1.2 was properly applied based on defendant's conviction for attempted robbery in the third degree.
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| United States v. Perea-Gonzalez, No. 05-2252,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2006, Filed
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Overview: A motion by defendant's counsel to withdraw was granted and the appeal dismissed because there was no basis on which to challenge the jury's determination of defendant's guilt of illegal reentry in violation of 8 U.S.C.S. § 1326(a) and (b)(2), and defendant's 92-month sentence was reasoned and reasonable.
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| United States v. Salgado-Hernandez, No. 05-3434,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2006, Filed
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Overview: A sentence for illegal reentry by an alien who had been previously deported after an aggravated felony in violation of 8 U.S.C.S. § 1326(a), (b)(2) was affirmed because his facial challenge to the imposition of a 16-level enhancement under U.S. Sentencing Guidelines Manual § 2L1.2(b)(1)(A)(ii) was rejected and the sentence was reasonable.
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| United States v. Sanchez-Juarez, No. 05-2295,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2006, Filed
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Overview: Argument defendant raised at sentencing and on appeal, regarding the incongruity between the actual conduct involved in his prior alien smuggling conviction and the 16-level increase suggested by the USSG, was not clearly meritless since district courts had imposed below-Guidelines sentences because of such incongruities in other cases.
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| United States v. Sanchez-Valdez, No. 05-1134,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2006, Filed
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Overview: Defendant's counsel was permitted to withdraw because there was no basis for a conclusion that his plea agreement was the product of coercion and defendant's 42-month sentence for unlawful reentry by a deported alien previously convicted of an aggravated felony in violation of 8 U.S.C.S. § 1326(a), (b)(2) was reasonable.
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| United States v. Somerville, No. 05-1308,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2006, Filed
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Overview: Defendant's sentence for distribution of crack in violation of 21 U.S.C.S. § 841(a)(1), (b)(1)(B) and possession of ammunition by a felon in violation of 18 U.S.C.S. § 922(g)(1) was affirmed because there was ample evidence supporting enhancements for possession of a dangerous weapon during a drug transaction and obstruction of justice.
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