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   Federal Courts - 10th Circuit Court of Appeals - May 17, 2007

  
United States v. Shipp, No. 06-5056, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 17, 2007, Filed
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Overview: Even assuming defendant's escape was non-violent, the court properly attributed a potential for violence to all escapes. Therefore, the district court did not err when it determined defendant's escape conviction was a crime of violence and applied the 18 U.S.C.S. § 924(e) enhancement.

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United States v. Timbers, No. 05-4229, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 17, 2007, Filed
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Overview: Firearms found in defendant's residence had the potential to facilitate his felony drug activities under U.S.S.G. § 2K2.1(b)(5) where the bills from the controlled buys intermingled with the other funds, demonstrated a damning link to drug distribution and the presence of a set of scales was consistent with drug distribution activity.

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United States v. Trevizo-Cera, No. 06-2173, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 17, 2007, Filed
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Overview: Sentence imposed at the bottom of the advisory U.S.S.G. range was reasonable where the sentence was reasoned and reasonable, with or without a presumption of reasonableness for a within-Guidelines sentence, since the district court considered the presentence report, the sentencing guidelines, and the sentencing factors in 18 U.S.C.S. § 3553(a).

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United States v. Vanatta, No. 07-3092, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 17, 2007, Filed
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Overview: Defendant was properly detained because it was probable that he had committed a crime while on release and he failed to rebut the presumption, which arose when there was probable cause that he committed a felony, that no condition or combination of conditions assured that he did not pose a danger to another or the community.

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