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

Criminal Law

: Tenth Circuit Blog

Conviction for Attempting to Vacate ACCA Sentence Based on False Expungement of Prior Affirmed

By Shari Allison

U.S. v. Smith, 2008 WL 2699388 (7/11/08) (Published) - The defendant was convicted of 18 U.S.C. § 1623(a) for attaching a false document to a federal court motion. He attached a bogus state court order expunging a conviction to a 2255 motion and asserted that his sentence pursuant to the Armed Career Criminal Act should be vacated due to the alleged expungement. The warrant to search a home, which noted a detached garage apartment, was not overbroad, even though it did not note the garage had a different address from the home address listed on the warrant. The officers reasonably failed to appreciate during their execution of the warrant that the warrant described the premises too broadly. It was okay to introduce the defendant's statement in a taped prison call conversation that he was an armed career criminal...continue to full post

Full post as published by Tenth Circuit Blog on July 15, 2008 (boomark / email).