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Unpublished Decisions

By Shari Allison

Silvan W. v. Briggs, 07-4272 (1/23/09) (unpub'd) - It was okay to detain someone who was reasonably suspected of obstructing justice with respect to the state taking children from their parents, especially because the plaintiff was a police officer and might have been armed. It is permissible to search the contents of a cell phone found on an arrested person. While recognizing a seizure could occur when an officer requires someone not to remain where he is, the plaintiffs were not seized when an officer threatened to arrest them if they did not return home. The plaintiffs could have ended the phone call or simply refused to return home. US v. Rosas-Caraveo, 2009 WL 141896, 1/22/09 - Bottom range sentence in this reentry case affirmed. Of note is the panel's refusal to adopt in this circuit a requirement to assess requests for downward variances based on cultural assimilation in light of various factors culled from cases from other circuits, including "the length of time the defendant has lived in the United States, whether he came to the United States as an adult or as a child, whether he was educated in the United States, any steps he has taken to establish residency or become a citizen, his familiarity with his country of origin and whether he has any children who reside in the United States...continue to full post

Full post as published by Tenth Circuit Blog on January 27, 2009 (boomark / email).