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

Criminal Law

: Tenth Circuit Blog

Unpublished Decisions

By Shari Allison

Robinson v. Ledezma, No. 10-6123 (10/14/10) (unpub'd) - Another example of how AEDPA-collateral relief rules can compromise justice, unless some spark of humanity is introduced somewhere. Everyone agrees that the defendant got screwed. He pleaded guilty to possession with intent to distribute 1.3 kilograms of marijuana. Thanks to the sweetheart deal his attorney got for him and the acquiescence of the government and the court, he not only waived his right to appeal but he ended up getting sentenced under 21 U.S.C. § 841(b)(1)(C), which had a max of 20 years, when, given the marijuana quantity, he could only have been convicted under § 841(b)(1)(D), which has a five year max. The judge sentenced him to 10 years. He's already served more than 5 years...continue to full post

Full post as published by Tenth Circuit Blog on October 28, 2010 (boomark / email).