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A few instructive, unpublished 10th Circuit cases

By Shari Allison

U.S. v. Matias-Medina, 2008 WL 2097418 (5/20/08) (unpub'd) - The 10th remands for reconsideration of whether a Colorado 3rd degree assault was a crime of violence under § 2L1.2. The 10th could not tell if documents acceptable under Shepard were consulted as to whether the defendant was found guilty of the requisite elements, where the PSR only quoted from a "PSR" (?) from a prior deportation proceeding.U.S. v. Clarkson, 2008 WL 2217257 (5/29/08) (unpub'd) - The government failed to present sufficient proof the defendant possessed stolen mail where the storage unit in which the stolen mail was found was rented to the co-defendant, and the co-defendant listed the defendant as having authority to use the unit, but there was no evidence the co-defendant ever gave the defendant the access code and key...continue to full post

Full post as published by Tenth Circuit Blog on June 03, 2008 (boomark / email).