Criminal Law
: Tenth Circuit BlogFive-month Variance Affirmed
By Shari Allison (all)
US v. Duarte-Hurtado, No. 08-2021, 2008 WL 4417197 (10th Cir. 10/1/08)(unpublished): Clearly this was a hard-fought case at every level, but, rejecting the defendant's arguments that a lower sentence was warranted, the Tenth affirms the five-month variance to 36 months (from 41) for a reentry defendant. The district court did not commit procedural error because the court thoroughly discussed the requested bases for downward departure (mental capacity and family circumstances) and weighed the 3553(a) factors. It was ok for the district court to address the issue of fast-track disparity and conclude that to impose a sentence at the same level as a defendant who accepted a fast-track plea would be inappropriate because it would fail to distinguish between those who took the deal and those who didn't...continue to full post
Full post as published by Tenth Circuit Blog on October 03, 2008 (boomark / email).

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He arrogantly insists, "let them come after us." Well, if you are invo...
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I had an account with GEMB/Select Comfort to buy a new bed back in 2005. After paying it off (in 2006), I requested they close the account. In January of 2008, I declared bankruptcy (chapter 7). The creditor was NOT list
if you did pay it off before the bankruptcy and it wasn't listed as a accou...
Does this clause enable my landlord to raise my rent in the middle of the lease (PA)?
No, If the lease term has not expired the rent will remain as specified original...
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