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Unpublished Decisions

By Shari Allison

U.S. v. Owens, 2010 WL 3516710 (9/10/10) (Okl) (unpub'd) - The d. ct. erred when it applied the guideline range for a Grade B supervised release violation where the defendant's violation consisted only of committing a misdemeanor DWI---a Grade C violation. But the defendant could not meet the prejudice prong of the plain-error test because the court varied below the wrong range to a point within the correct range and gave a detailed explanation for choosing that sentence.U.S. v. McMahan, 2010 WL 3446852 (9/2/10) (Okl) (unpub'd) - A deliberate ignorance instruction may be proper when knowledge of a conspiracy's fraudulent goal is at issue, even if the 2d Circuit is correct that such an instruction is inappropriate when knowing and intentional participation in the conspiracy is at issue...continue to full post

Full post as published by Tenth Circuit Blog on September 20, 2010 (boomark / email).