Home -> Law Blog Directory -> Criminal Law Blogs -> Tenth Circuit Blog

Criminal Law

: Tenth Circuit Blog

By Shari Allison

U.S. v. Cudjoe, 2011 WL 904418 (3/15/11) (Okl.) (Published) - The 10th holds U.S. v. Corey, 999 F.2d 493 (10th Cir. 1993) is no longer good precedent. In Corey, the 10th held a 924(c)(1) violation was a Class D felony and so the maximum supervised release term that could be imposed for that offense was 3 years. But since then Congress made the 5 year sentence for 924(c)(1) a mandatory minimum and made the maximum life. Therefore now it is a class A felony and a 5-year supervised release term is OK. So, even though the defendant's plea agreement indicated the maximum supervised-release term was 3 years, it was OK to impose a 5-year term. Mr. Cudjoe's appeal waiver was therefore enforceable because he didn't receive an illegal sentence.Howards v...continue to full post

Full post as published by Tenth Circuit Blog on March 22, 2011 (boomark / email).