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Criminal Law

: Tenth Circuit Blog

Defendant Waived Challenge to Sentence Enhancement

By Shari Allison

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U.S. v. Carrillo-Jaime, 2008 WL 2894033 (7/29/08) (unpub'd) - Another "caveat defense attorney" case. The defendant had waived, not just forfeited, his right to challenge the classification of a burglary as a "crime of violence" under U.S.S.G. § 2L1.2 because counsel raised the issue below, but, after seeing the information filed in the burglary case, counsel said: "the wind has been taken out of the sails of that argument."

Full post as published by Tenth Circuit Blog on August 05, 2008 (boomark / email).

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